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(영문) 대전지방법원 2019.11.28 2018노3673
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s sentence (two million won of a fine) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined a sentence by fully taking into account the overall circumstances regarding the sentencing of the Defendant. In full view of the records of the instant case and the various sentencing conditions against the Defendant, the lower court’s punishment is not deemed to have exceeded the reasonable scope of discretion, and there is no change in the new sentencing conditions that can be deemed unfair to maintain the lower court’s sentence in the trial.

Considering this, the circumstances alleged by the prosecutor as the grounds for appeal cannot be deemed unfair.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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