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(영문) 의정부지방법원 2015.09.22 2015노1681
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfased and unreasonable;

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness, has the unique area of the first instance court with regard to sentencing, and 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, it is reasonable to respect it

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of such legal principles, there is no particular relation or change of circumstances that would add the original judgment to the lower court’s punishment in a trial; the scope of the recommended sentence according to the sentencing guidelines established by the Sentencing Committee; the violent crime group in general case; the type 1 (general injury); the decision on the recommended area (in the case of serious injury); the scope of the recommended sentence (in the case of serious injury); the scope of the recommended sentence (in the case of general injury), the scope of the recommended sentence (in the case of serious injury) and the scope of the recommended sentence (in the case of imprisonment with labor for six to two years): the general positive factors (i.e., the social relation clear, contingent crimes, serious reflects, considerable amount of deposit, considerable amount of suspension of execution or more), and other various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means, and consequence before and after the crime, the sentence cannot

3. If so, the prosecutor's appeal 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.

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