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(영문) 부산지방법원 2018.07.06 2018노465
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence in August, and one hundred and sixty hours of community service in 160) is deemed to be too uneasy and unfair.

2. In a case where there is no change in the conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The fact that the Defendant inflicted an serious injury upon the victim’s face by drinking and taking the victim’s face, and the fact that the damage was not recovered properly is unfavorable to the Defendant.

However, in light of the above circumstances, the lower court appears to have rendered community service as well as a suspended sentence of imprisonment, and there is no change in sentencing conditions that may differ from the lower court’s punishment in the first instance court, the Defendant recognized the instant crime and reflects the fact that the Defendant appears to have committed the instant crime by contingency under the influence of alcohol, and in addition, comprehensively considering the Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and consequence of the instant crime, and all of the sentencing conditions indicated in the records and theories of changes, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and inappropriate.

We do not accept the prosecutor's improper argument of sentencing.

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

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