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(영문) 수원지방법원 2017.01.13 2016노6811

특수폭행등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The sentencing conditions favorable to the Defendant are the following: (a) the Defendant recognized the entire crime of this case and against himself; (b) the Defendant agreed with the victim J of special assault; and (c) the Defendant did not have any record of punishment exceeding the fine prior to the instant crime.

Meanwhile, the crime of this case is a condition for sentencing unfavorable to the defendant, such as assaulting the victimJ as a dangerous object of the defendant, inducing a mixed accident at the gas station, and deceiving the insurance proceeds of KRW 35 million from the insurer, which is in bad quality, and the fact that the defendant was unable to reach an agreement with the victims of fraud or to recover damage, etc.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, family relationship, and circumstances after the commission of the crime, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant, his defense counsel, and the prosecutor’s respective arguments regarding the above sentencing are not acceptable.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.