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(영문) 의정부지방법원 2019.07.05 2018노1899
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unfilled 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following: (a) the Defendant had been punished several times for the same kind of crime; (b) the Defendant is still unable to receive a written indictment from the victim as to the crime of defamation; (c) the Defendant is recognized as having agreed with the victim on the remaining crimes except for defamation; (d) there is no special change in circumstances that may change the sentence of the lower court after the sentence of the lower court was issued; and (e) there is no other change in circumstances that make it possible to change the sentence of the lower court; and (e) the sentencing factors indicated in the records and arguments of the instant case, including the Defendant’s age, character and behavior, environment,

Therefore, the prosecutor's above assertion is without merit.

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

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