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(영문) 서울북부지방법원 2019.09.06 2019노1033
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (two months of imprisonment and two years of suspended execution) imposed by the court below on the defendant is too unreasonable.

B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial, and the lower court did not seem to have exceeded the reasonable scope of discretion, even when comprehensively considering the factors revealed in the arguments in the instant case including various circumstances considered in sentencing.

In particular, while considering the fact that the damage caused by the crime has not been recovered as much as the damage was not recovered, the court below determined the punishment against the defendant in consideration of the fact that the defendant did not have any particular criminal records, that the defendant does not want the punishment of the superior defendant while breaking the error, and that the victim first used violence against the defendant and female-child organizations. In relation to the course of the crime, the circumstances concerning the sentencing alleged by the defendant and the prosecutor in the trial are deemed to have been sufficiently considered while the court below determined the punishment.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, 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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