특수상해등
All appeals by the defendant and the prosecutor are dismissed.
1. The gist of the grounds for appeal asserts that the defendant's punishment (two years of suspended sentence of ten months, two years of imprisonment, observation of protection, and forty hours of violent therapy lectures) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too unfeasible and unfair.
2. We examine the arguments of the Defendant and the Prosecutor.
The court below seems to have determined punishment in consideration of the following: (a) the nature of the crime in this case is inferior in light of the method and content of the crime in this case; and (b) the defendant shall not be held liable for the physical and mental damage suffered by the victim; (c) however, the defendant is unable to take into account his/her responsibility; (d) the defendant divided his/her mistake in depth; (e) the victim deposited eight million won to recover damage;
Such determination of the lower court cannot be deemed to be too heavy or somewhat heavy, because it exceeded the reasonable bounds of its discretion.
In addition, the defendant agreed with the victim in the trial after appeal, and even if we look at these circumstances, it is not necessary to change the sentencing of the court below.
In addition, there is no other circumstance where maintaining the sentencing of the lower court is deemed unfair.
Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.