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(영문) 수원지방법원 2020.06.12 2020노1455
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: Unfair sentencing

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing 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). In this case, there is no particular change in the sentencing conditions compared to the original judgment.

In addition, in full view of all the conditions of the arguments and the records of the instant crime, including the details and motive of the instant crime, motive and method of the crime, criminal records, circumstances after the crime, relationship between the Defendant and the victim (in particular, the victim expressed that he/she did not have an intent to agree at the investigative agency), and other conditions of the pleadings and the sentencing indicated in the records, such as the Defendant’s age, character, conduct, occupation, family relationship, economic form, health condition, etc., it is not recognized that the sentencing of the lower court, which sentenced the Defendant to

3. Accordingly, the defendant's appeal cannot be accepted, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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