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(영문) 인천지방법원 2020.11.27 2020노1105
특수상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of probation, probation, and confiscation) that the court below sentenced to the defendant is too uneasible and unfair.

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). In light of the following: (a) no change in circumstances that may be considered in sentencing following the lower judgment; and (b) the Defendant agreed with the victim that the victim would not be punished; and (c) there is no same criminal record on the remaining crimes except for the crime of causing property damage; and (d) considering the records and arguments of the instant case, even if considering the circumstances alleged by the prosecutor as the grounds for appeal, the lower court’s sentence is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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