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(영문) 인천지방법원 2018.07.27 2017노3290
폭행
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. On the summary of the grounds for appeal, the court below's sentence against the Defendants (the Defendant A is a fine of one million won, and the Defendant B is a fine of three million won) asserts that the Defendants are too uneasible, and that the prosecutor is too unfasible and unfair.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court on the grounds that new materials were not submitted in the trial, and there is no particular change in the terms and conditions of sentencing compared with the lower court, taking into account the following factors: the degree of assault by the Defendants; the degree of assault by the Defendants; the Defendants’ criminal records; and the economic situation of the Defendants; the lower court’s sentencing against the Defendants was too heavy or unhued, thereby exceeding the reasonable scope of discretion.

It does not appear.

3. The appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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