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(영문) 서울서부지방법원 2020.12.07 2020노1159
폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (in both cases, one year and two months of imprisonment, etc.), the defendant asserts that the punishment is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.

The judgment below

No new circumstance exists to change the sentence of the lower court in the trial after a sentence was pronounced, and even considering all the sentencing conditions of the Defendant’s age, character and conduct, environment, motive and means of crime, and circumstances that were revealed in the pleading of the instant case, it does not seem that the lower court’s sentencing is too heavy or it exceeded the reasonable scope of discretion by being frightened.

Defendant

The prosecutor's assertion and prosecutor's assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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