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(영문) 수원지방법원 2019.05.10 2019노1217
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A: Imprisonment with prison labor for three months, and Defendant B: imprisonment with prison labor for six months) is too unreasonable.

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

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared to the original judgment as the new sentencing data was not submitted at the trial court. In full view of all the reasons for sentencing indicated in the records of this case, it cannot be deemed that the sentencing of the lower court against the Defendants is too heavy or it exceeded the reasonable scope of discretion, as it is too harsh.

3. Conclusion, the appeal filed by the Defendants and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are groundless

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