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(영문) 전주지방법원 2019.07.18 2019노560
폭행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (2 million won of a fine) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. All of the circumstances asserted by the Defendant and the prosecutor in the trial on the assertion of unreasonable sentencing by the Defendant and the prosecutor were presented during the oral proceedings of the lower court, and the lower court reflected this in its determination.

There is no particular change in sentencing conditions compared with the original judgment because new sentencing data has not been submitted in the trial.

In particular, even when comprehensively taking account of all the factors revealed in the proceedings of the instant case, the lower court’s punishment is too heavy or unafford so that it can not be deemed significantly unfair beyond the reasonable scope of discretion in sentencing.

Therefore, we cannot accept all the arguments of the defendant and the prosecutor.

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

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