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(영문) 부산지방법원 2020.07.23 2020노1438
특수상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal (two years of imprisonment) declared by the court below is too unfasible, and the prosecutor is too unfased 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). There is no new circumstance to change the sentence of the lower court in the trial. Considering that the reasons for sentencing as stated by the lower court are the Defendant’s age, character and behavior, records of crimes, method and instrument of crimes, degree of damage to victims, circumstances after the crime, etc., as a whole, the sentence imposed by the lower court was conducted within the reasonable scope of discretion, and is not hot or light.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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