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(영문) 서울북부지방법원 2020.02.14 2019노2116
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution on the charge of assault among the facts charged in the instant case and convicted the remainder of the charges.

Since only the Defendant appealed on the guilty portion of the lower judgment, the dismissed portion of the lower court’s dismissal was excluded from the appeal subject to separation and final determination.

Therefore, the scope of this court's adjudication is limited to the defendant's remaining conviction except the part of dismissal of public prosecution separated and finalized as above.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court against the Defendant is too unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, 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). In the absence of any new circumstance to consider sentencing after the sentence of the lower judgment, and in full view of all the sentencing conditions expressed in pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because it is too unreasonable for the lower court to have imposed the Defendant.

Therefore, the defendant's assertion is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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