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(영문) 인천지방법원 2019.03.22 2018노3490
특수폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The criminal defendant (e.g., a fine of 5 million won) sentenced by the court below is too unreasonable.

The punishment sentenced by the court below is too uneasible and unfair.

Judgment

If 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the instant pleadings, the lower court’s sentencing is too heavy or is so unfluent that it exceeded the reasonable scope of discretion.

The defendant and prosecutor's assertion are without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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