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(영문) 의정부지방법원 2019.09.19 2019노481
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) set by the lower court is deemed to be too unhued and unfair.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of all the circumstances (such as the fact that the lower court appears to reflect the attitude of the lower court on the grounds of sentencing, the fact that the damaged public official suffers from mental illness, such as decentralization disorder, etc., and the fact that the injured public official actively wants to punish the Defendant), and all of the sentencing conditions specified in the records and arguments in the instant case, the prosecutor’s allegation is unacceptable on the grounds of appeal (such as the circumstance that the Defendant assaults a prison officer’s face and head during a prison life on several occasions, thereby causing injury necessary for two weeks of treatment and obstructing the performance of public duties, and that the Defendant needs to be punished for eradicating light of public power). However, the Prosecutor’s assertion is not acceptable since the sentence imposed by the lower court is unjustifiable and no new circumstance is found in the trial.

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

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