특수상해등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. After the judgment of the first instance court, the Defendant agreed to pay 15 million won to the injured victim H.
The victim of damage to property does not want to be punished by the defendant.
However, there was a record of punishment several times due to violent crimes such as bodily injury, and in particular, three years of imprisonment with prison labor for rape was sentenced to a suspended sentence of four years, and the crime of bodily injury and property damage was committed during the suspended sentence period.
In addition, considering the overall circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is heavy or unreasonable, even if it is deemed that the lower court’s punishment is harsh or unreasonable.
Therefore, we cannot accept the argument that the sentencing of the defendant and the prosecutor is unfair.
3. If so, all appeals filed by the defendant and the prosecutor pursuant to Article 364(4) of the Criminal Procedure Act are dismissed. It is so decided as per Disposition.