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(영문) 전주지방법원 2017.11.02 2017노1106
폭행
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s sentence (Defendant A: fine of 3,00,000 won, Defendant B’s imprisonment for eight months, suspended execution for two years, and community service order90 hours) against the Defendants.

2. In light of the fact that the sentencing is based on the statutory penalty, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act within a reasonable and appropriate scope, and the fact that the sentencing is determined after the appellate court’s ex post facto review nature, etc., it is reasonable to respect the sentencing conditions in a case where there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance is not beyond the reasonable scope of discretion. Although the first instance sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, and to refrain from imposing a sentence that does not differ from the first instance judgment on the ground that it is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering that the victim’s repeated punishment in the appellate court exceeds the Defendants’ reasonable scope by comprehensively taking account of the fact that each of the instant reasons was additionally deposited in the victim’s judgment.

It does not seem that it does not appear.

3. In conclusion, the prosecutor's appeal against the Defendants 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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