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(영문) 전주지방법원 2018.08.29 2018노427
폭력행위등처벌에관한법률위반(공동상해)
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s respective punishment (Defendant A: one year of imprisonment, two years of probation, two years of a community service order, 240 hours of a community service order: ten months of imprisonment, two years of a suspended execution, two years of a community service order, 120 hours of a community service order, Defendant C: imprisonment with labor for eight months of a suspended execution, two years of a suspended execution, and 120 hours of a community service order) against the Defendants is too unreasonable

2. In light of the fact that the sentencing is determined within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and the fact that the sentencing is determined after the appellate court’s ex post facto review nature, etc., it is reasonable to respect the first instance judgment in a case where there is no change in the conditions for sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion. Although the first instance judgment is within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the ground that the difference from the appellate court’s opinion is different from that of the appellate court, and to refrain from imposing a sentence without any difference from the first instance judgment (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering that there is no change in the conditions for sentencing compared to the lower court’s new evidence submitted to the Defendants at the health stand and the lower court, the lower court’s reasonable grounds for sentencing as allegedly alleged by the lower court, including the following circumstances.

Therefore, the prosecutor's assertion is without merit.

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

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