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(영문) 수원지방법원 2020.08.14 2020노2626
특수상해등
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

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

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The Korean Criminal Procedure Act, which takes the principle of trial-oriented and directness, has no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the instant case, there is no particular change in the sentencing conditions compared to the lower court’s judgment. In full view of the following: (a) the details and nature of each of the instant crimes; (b) the circumstances of the instant crimes; (c) the degree of damage to the victims; (d) the degree of damage caused by blood alcohol concentration; and (e) the crime committed each of the instant crimes during the period of repeated crime due to the crime of injury; (c) a criminal record due to violence and drunk driving; (d) the victims did not receive a letter of suspicion; and (e) the overall sentencing conditions indicated in the arguments and records of the instant case, including the Defendant’s age and speculative environment, it cannot be deemed that the lower court

Defendant

The prosecutor's assertion of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor are all dismissed as it is without merit. It is so decided as per Disposition.

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