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부산지방법원 2018.10.11 2018노2427

The prosecutor's appeal is dismissed.


1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, comprehensively taking account of the circumstances in the judgment, determined the sentence against the Defendant.

The circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the lower court, and there are no new changes in circumstances that could change the sentence of the lower court in the trial.

When comprehensively taking into account such circumstances as the Defendant’s age, the background leading up to the instant crime, the degree of damage (in need of medical treatment for about two weeks), the circumstances after the commission of the crime (the fact that the victimized police officer wanted to have the Defendant’s wife), and the criminal record relation, which were revealed in the oral argument of the lower court and the lower court, the sentence imposed by the lower court is beyond the reasonable scope of discretion, or is too unjustifiable because it is too unreasonable.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.