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(영문) 부산지방법원 2018.05.04 2018노394
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, one year of confiscation, No. 1) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

In a case where there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared to the lower court on the ground that new materials for sentencing have not been submitted in the first instance trial and there is no change in the conditions

In addition, considering the Defendant’s criminal history, age, sexual conduct and environment, the background, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., as well as various circumstances, which are the conditions for sentencing as shown in the instant records and pleadings, the lower court’s sentence is too heavy or unfasible to the extent of discretion, and thus, cannot be deemed unfair.

All of the above arguments by the defendant and the prosecutor are rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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