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(영문) 부산지방법원 2019.07.18 2019노1180
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (three million won of a fine) is too unhued and unreasonable.

2. Determination

A. According to the records, the court below determined a punishment in consideration of various sentencing reasons, such as the following: (a) the nature of the crime was inferior in light of the process and method of the crime; (b) the victim was not agreed with the victim; (c) the victim wanted to punish the defendant strictly; (d) the records of punishment for the same crime are several times; (c) the mistake was divided and reflected; (d) the degree of the assault is relatively minor; and (e) the state of health.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal 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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