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(영문) 대전지방법원 2019.10.02 2019노463
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are favorable circumstances for the Defendant: (a) when the Defendant was in a trial, all of his/her mistakes are recognized and reflected; (b) the primary offender was committed; (c) the Defendant committed contingent crimes; and (d) the recovery of damage to the victims by civil action in connection with the instant case.

On the other hand, the fact that the crime is bad in light of the circumstances and methods of the crime by assaulting pregnant women, etc., and that the degree of damage suffered by the victims is not weak, etc. are disadvantageous to the defendant.

Therefore, the court below determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the defendant, and there is no circumstance that can be newly considered in the trial.

In addition, comprehensively taking account of the various circumstances, such as the motive and means of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to be so excessive as to go beyond the reasonable scope of discretion, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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