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(영문) 부산지방법원 2020.04.02 2019노4369
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal (one year of imprisonment) declared by the court below is too unfasible, and the prosecutor is too unfased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant led to the confession of the instant crime, and his mistake is divided.

However, in full view of the following factors: (a) the Defendant committed the instant crime without being aware of during the period of suspension of execution due to a special injury, etc.; (b) the victim was damaged by the commission of the instant crime; and (c) the Defendant used the victim on or around July 5, 2018; and (d) the record of committing an act of causing property damage and an attempted intrusion upon the victim on or around August 12, 2018; and (b) the Defendant’s age, character and behavior, character and behavior, history of the crime, motive or circumstance of the crime; and (c) other various sentencing conditions, such as the Defendant’s age, character and conduct, criminal history, motive or circumstance after the crime, etc., the sentence imposed by the lower court was conducted within the reasonable scope of discretion,

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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