특수폭행
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.
2. The Defendant appears to have committed the instant crime after hearing the desire from the victimized person and considering the circumstances of the instant crime, and the victim does not want the punishment of the Defendant by mutual consent with the victimized person.
On the other hand, even though the defendant had been punished twice as a fine by continuously committing violent crime even though he/she has been under suspension of execution due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.).
In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.
It is difficult to see it.
Therefore, we cannot accept all the defendant and prosecutor's argument.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.