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(영문) 부산지방법원 2018.03.22 2017노3400
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (7 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too unhutiled and unreasonable.

2. The Defendant’s crime of this case was committed jointly by the Defendant, resulting in injury that requires approximately three weeks of medical treatment to the victim when the victim was committed. In light of the content of the crime, the criminal liability is heavy, and the Defendant again committed the crime of this case during the period of repeated crime of the same kind, and the circumstances unfavorable to the Defendant are recognized.

However, it is reasonable to respect the defendant's unfavorable condition for sentencing in our Criminal Procedure Act, which adopts the trial-oriented principle and direct principle, where the first instance court has no change in the sentencing conditions compared to the first instance court's judgment, and the first instance court's sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable condition for the defendant, which was recognized above, does not fall under a special change of circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and it does not seem that the defendant's punishment against the defendant is unfair because it is too unreasonable, considering the whole circumstances surrounding the sentencing specified in the arguments of this case, such as the defendant's age, sexual behavior, environment, etc.

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

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