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(영문) 부산지방법원 2020.04.24 2019노4134
특수상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances to the Defendant.

In full view of all the circumstances that are conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the original court’s punishment.

In addition, even in full view of the sentencing factors revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing is too heavy or it does not seem to have exceeded the reasonable scope of discretion.

The defendant and prosecutor's assertion of unreasonable sentencing are without merit.

3. The appeal by the defendant and the prosecutor in conclusion is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the term "Article 258-2(1) and Article 257(1) of the Criminal Act concerning the first-party criminal facts and Article 258-2(1) of the selected Criminal Act" shall be corrected to "Article 258-2(1) and Article 257(1) of the Criminal Act concerning the first-party criminal facts".

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