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(영문) 의정부지방법원 2018.12.13 2018노2967
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court on the sole ground of the difference from the appellate court’s opinion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court on the grounds that new sentencing materials have not been submitted in the trial, and there is no change in the sentencing conditions compared with the lower court on the grounds that the victims wanted to take the Defendant’s prior position up to the trial of the first instance court, while considering all the circumstances indicated in the instant case’s records and arguments, the lower court’s sentencing is too heavy or excessive.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, 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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