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(영문) 광주지방법원 2019.05.02 2019노408
특수상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months in prison) is too unreasonable.

2. Determination

A. 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The lower court determined a punishment against the Defendants by taking into account the following circumstances: (a) the Defendants were fully aware of their mistakes; (b) the Defendants were deemed to have made an effort to recover from damage, such as the Defendants’ partial burden of medical expenses; and (c) the Defendants jointly used violence to the victims; (d) the Defendants used dangerous articles in the process; and (e) the injuries suffered by the victims were very significant; and (e) the Defendants were not agreed upon with the victims.

(In particular, in consideration of the fact that the defendants do not directly display deadly weapons to the victim, the punishment was determined beyond the lower limit of the recommended sentence set in the sentencing guidelines.

Based on the above legal principles, there is no particular change in the above sentencing conditions compared with the original judgment, and even considering the factors revealed in the arguments in the instant case, including the Defendants’ age, character and conduct, motive of the crime, and circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion because it is too big in light of the sentencing guidelines established by the Sentencing Committee.

Therefore, the Defendants’ assertion of unfair sentencing cannot be accepted.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so, and it is so decided as per Disposition.

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