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(영문) 부산고등법원 2017.12.06 2017노526
특수상해
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (i) the lower court’s punishment (one year of imprisonment for each of the Defendant A and D, (ii) the imprisonment for each of the Defendant B and C, eight months of suspended execution, two years of suspended execution) is too hot or unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, as stated in its reasoning, determined the sentence against the Defendants by taking account of favorable or unfavorable circumstances favorable to the Defendants.

The circumstances alleged by the Defendants and the Prosecutor on the grounds of appeal appear to have been considered in the sentencing process of the lower court, and there are no new changes in the lower court’s punishment in the trial.

Considering the overall sentencing conditions stipulated in Article 51 of the Criminal Act, which are shown in the hearing of the court below and the party concerned, the sentencing of the court below is beyond the reasonable scope of discretion, or is unreasonable or light, such as the grounds for appeal.

It does not appear.

The Defendants and the prosecutor’s arguments are without merit.

3. The appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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