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(영문) 전주지방법원 2019.10.23 2019노1171
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution of assault among the facts charged in the instant case and convicted the remainder of the facts charged of obstruction of business.

However, the judgment of the court below did not appeal against the defendant, and the prosecutor did not appeal against the dismissal of public prosecution while filing an appeal only against the guilty portion. Thus, the dismissal of public prosecution in the judgment below became separate and finalized as it is

Therefore, the judgment of this court is limited to the conviction among the judgment below.

2. The summary of the grounds for appeal (e.g., e., e., 5 million won) of the lower court’s punishment is too unhued and unreasonable.

3. 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). In full view of all the circumstances favorable to the Defendant, the lower court determined the sentence by comprehensively taking account of the circumstances favorable to the Defendant and the unfavorable circumstances, and there is no particular change in circumstances after the lower judgment was sentenced.

In addition, the lower court’s sentencing does not seem to have exceeded the scope of reasonable sentencing discretion by comprehensively taking account of all the factors indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime.

Therefore, prosecutor's assertion is without merit.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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