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(영문) 부산지방법원 2018.09.13 2017노4280
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two months of imprisonment and two years of suspended execution, fine 75,00 won, and protection observation) against the Defendant on the summary of the prosecutor’s grounds of appeal is unreasonable because it is too unfasible.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance 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 with the lower court as the submission of new materials for sentencing in the trial, and there is no change in the conditions of sentencing compared with the lower court, and the sentencing revealed during the pleadings of the instant case is too unafford so far as the sentencing revealed in the instant case exceeds the reasonable scope of discretion, and thus, it

The prosecutor's improper argument in sentencing is without merit.

3. In conclusion, the prosecutor’s appeal is without merit. Thus, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, pursuant to the judgment below’s ex officio determination pursuant to Article 25(1) of the Rules on Criminal Procedure, the “main order” of KRW 19,00,000

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