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(영문) 서울서부지방법원 2020.02.13 2019노1726
폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence sentenced by the prosecutor (eight months of imprisonment) is too unhued and unfair.

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). The lower court considered: (a) the determination of the sentence against the Defendant; (b) the fact that a large number of criminal records, including the same kind of force unfavorable under the unfavorable circumstances, was committed during the period during which imprisonment was suspended or during the criminal trial; and (c) the fact that the degree of assault and obstruction of business is not limited under favorable circumstances; and (d) some victims expressed their intent not to punish

As above, the lower court determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, and the circumstances alleged by the Defendant and the Prosecutor as the grounds for appeal are also deemed to have already been reflected in the sentencing process of

There is no special change in circumstances that may change the punishment of the court below in the trial.

In addition, considering the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, as well as various circumstances that form the conditions for sentencing, such as the circumstances after the crime, it cannot be deemed that the lower court’s sentence against the Defendant goes beyond the reasonable scope of its discretion.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. 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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