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(영문) 부산지방법원 2018.06.22 2018노721
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of one year, two years of imprisonment, observation of protection, 40 hours of taking lectures to prevent the recidivism of child abuse, and 40 hours of taking lectures to treat domestic violence) is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing was too too excessive and exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices (see, e.g., Supreme Court Decision 201Da36414, Apr. 2, 201).

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