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(영문) 춘천지방법원 2020.05.29 2019노951
상해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

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 it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). We examine in light of the foregoing legal doctrine.

The judgment below

There is no change of circumstances to consider the sentencing of the accused after the sentence.

In light of the circumstances that the offense committed against the police officer dispatched after receiving a report 112 is bad in the nature of each offense of this case, the Defendant’s criminal records due to multiple violences and criminal records due to obstruction of performance of official duties, and the circumstances that the victimized police officer in consultation with the victimized police officer, including favorable circumstances such as the Defendant’s failure to punish the Defendant, and the various conditions of sentencing specified in the records and pleadings of this case, and the reasons for the sentencing of the lower judgment, even if the prosecutor and the Defendant consider all the circumstances asserted as the grounds for appeal, it cannot be deemed that the lower court’s punishment is too harsh or unreasonable.

Therefore, both the prosecutor and the defendant's argument of unfair sentencing is rejected.

3. The appeal by the conclusion prosecutor and the defendant is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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