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(영문) 수원지방법원 2020.04.22 2020노735
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the punishment of the lower judgment (five months of imprisonment) is too unfeasible, in light of the fact that the crime against many unspecified persons is not committed, the nature of the crime is inferior, the fact that the punishment for the same kind of crime was imposed, and the damage

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are favorable circumstances: (a) the Defendant’s disadvantage is recognized; (b) the Defendant did not have any criminal record; (c) the Defendant did not have any criminal record; and (d) the degree of injury suffered by the victims is not much serious.

In full view of all other circumstances, the sentencing of the lower judgment does not seem to be excessively minor beyond the scope of reasonable discretion, and there is no new special circumstances or changes in circumstances that may be reflected in the sentencing of the Defendant after the lower judgment was sentenced.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

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