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(영문) 부산지방법원 2018.10.11 2018노3030
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the public prosecution regarding the crime of assault, and convicted each of the charges of violating the Punishment of Violences, etc. Act (joint injury). The Defendant appealed the guilty portion on the grounds of unfair sentencing, and the Prosecutor did not appeal.

Therefore, since the dismissal part of the judgment below is separated and confirmed as it is, the scope of the judgment of this court is limited to the conviction part of the judgment below.

2. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

3. In a case where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the sentencing of the lower court is too excessive to exceed the reasonable scope of discretion, and thus, it does not seem unfair.

Therefore, the defendant's argument of sentencing is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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