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(영문) 전주지방법원 2019.11.20 2019노1259
폭행치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. Determination

A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court on the grounds that

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

With respect to this case, there are circumstances unfavorable to sentencing, such as that the defendant committed the crime of this case at the latest, and that the defendant used violence against the victims for unfair reasons, that is not good in the nature of the crime, that the defendant denies and denies the crime of this case at the investigation stage and the first trial date of the court below, and that the defendant was subject to criminal punishment for the same kind and the crime of this case several times. However, there are circumstances unfavorable to sentencing, such as that the defendant committed the crime of this case during the period of probation of imprisonment for the crime of this case. However, in light of disputes between the defendant and the victims, there are some circumstances that can be taken into account in the circumstance leading to the crime of this case when the defendant led to the crime of this case, and the defendant agreed with the victim E at the court below. In light of the relationship between the victim B and the victim E, it is reasonable to consider it as favorable grounds for sentencing in relation to the crime of this case of this case.

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