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(영문) 광주지방법원 2020.12.03 2020노449
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Determination

A. 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). B.

The lower court, in light of the favorable circumstances, determined a sentence against the Defendant, taking into account the following: (a) the Defendant committed an assault against the four-year victims, but did not reach an agreement on recovery of damage; (b) the fact that the Defendant was sentenced to a three-time fine and a suspended sentence of imprisonment once for a violent crime; and (c) the fact that the Defendant was found to be erroneous later; and (d) the degree of assault against the victims was not much serious.

C. Based on the above legal principle, there is no change in the above sentencing conditions compared with the court below, and considering the following factors, including the Defendant’s age, character and conduct, motive and background of the crime, circumstances after the crime, etc., the sentencing reasons revealed in the proceedings of the present case, and the time when the Defendant was sentenced to a suspended sentence of imprisonment for the same kind of crime, the court below’s sentence is too unfeasible and it does not seem that

Therefore, prosecutor's argument cannot be accepted.

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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