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(영문) 울산지방법원 2020.10.29 2020노932
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The Defendant A’s sentence is too unreasonable.

B. The Prosecutor (as to all the defendants)’ sentence is too unhued and unreasonable.

2. 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 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the Defendants’ punishment by comprehensively taking account of the Defendants’ age, character and conduct, environment, background of crime, method of crime, degree of damage, degree of damage, health conditions, criminal records, etc.,

In full view of the circumstances and all of the sentencing conditions revealed in the grounds of sentencing, the lower court cannot be deemed to have exceeded the reasonable scope of discretion by putting the sentencing too heavy or unhued.

3. Conclusion, Defendant A’s appeal and prosecutor’s appeal against the Defendants are all dismissed.

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