상해등
All appeals filed by the defendant and prosecutor are dismissed.
The application for compensation of this case is dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The lower court determined the grounds for appeal on the following grounds: (a) considering the following: (i) the fact that the Defendant was sentenced to imprisonment with prison labor or a suspended sentence due to violent crimes; (b) the Defendant committed an assault while serving imprisonment with prison labor due to a special injury; and (c) the Defendant released the prison after completing the execution of the said imprisonment with prison labor due to a special injury; and (d) the circumstance, method, frequency, and consequence of each crime committed during the period of repeated crime, such as injury, damage to property, intrusion upon residence, and assault; and (b) taking account of the circumstances favorable to the Defendant: (c) taking into account the fact that the Defendant’s criminal act is recognized and against himself; and (d) taking into account the factors favorable to the Defendant, such as the Defendant’s age, character, environment, motive and circumstance of the crime; and (e) how to commit the crime; and (e) all factors of sentencing specified in the records and arguments of the lower court after the crime.
In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.
Furthermore, the grounds for unfair sentencing alleged by the Defendant and the prosecutor in this court are already considered in full while determining the Defendant’s punishment, and there are no other circumstances to recognize that maintaining the sentencing judgment of the lower court is too heavy or unreasonable even in full view of the present materials in the course of the sentencing hearing of this court.
Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.
3. The applicant for the judgment on the compensation for damage is decided by the court below.