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(영문) 청주지방법원 2020.04.09 2019노1221
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal that the Defendant was punished several times as violent crimes, and that the Defendant did not seriously reflect the instant crime, the lower court’s punishment (a fine of KRW 1.5 million) is too unfeasible and unreasonable.

2. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is 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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Considering the circumstances alleged by the prosecutor as an element of sentencing unfavorable to the Defendant in the grounds of appeal, the lower court’s sentence is deemed reasonable and is unreasonable as it is too unjustifiable, considering the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and circumstances where new sentencing materials that may change the lower court’s punishment were not added in the trial.

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

(However, since it is apparent that each police statement of C is a clerical error in the second half of the judgment of the court below, it shall be corrected ex officio to "C's police statement, police interrogation protocol," pursuant to Article 25 (1) of the Regulations on Criminal Procedure.

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