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(영문) 부산지방법원 2019.07.11 2019노468
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The determination of the main sentence of the grounds for appeal (two years of suspended execution, community service, or order to attend a lecture in eight months of imprisonment) is deemed unhued and unreasonable;

2. The lower court determined that the sentence was chosen within the scope of the sentencing guidelines set out in the sentencing guidelines and the recommended sentencing guidelines (two months of imprisonment to three years).

In full view of the motive, method, degree of injury, power of punishment, unagreement and effort to reach an agreement, etc., punishment was determined.

There is no error in the process of selecting the sentencing factors set forth in the sentencing guidelines.

On June 21, 2019, a judgment was rendered on June 21, 2019 to accept only KRW 40 million out of the estimated amount of damages claimed by the victim (Seoul Family Court 2018ddan202817).

In the appellate trial, the victim submitted a written application not to want punishment under the agreement with the defendant.

Even if this court re-examines the sentencing factors and other factors set forth in the sentencing guidelines, the amount of the original sentence cannot be deemed unreasonable.

3. The appeal by the prosecutor of conclusion is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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