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(영문) 수원지방법원 2020.10.05 2020노3350
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of imprisonment (four months of imprisonment) of the court below is too small, and the prosecutor is too unhued and unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even in light of the materials submitted at the trial, there is no significant change in the sentencing conditions compared to the lower court’s judgment, and comprehensively taking account of all the circumstances that form the conditions for sentencing specified in the records and pleadings in this case, the lower court’s sentencing is too heavy or it is deemed that the lower court exceeded the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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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