상해등
All appeals filed by the defendant and prosecutor are dismissed.
1. Of the facts charged in the instant case, the lower court dismissed the prosecution as to the crime of assault, and sentenced the judgment of conviction only for the bodily injury, and dismissed the prosecution as to the entire guilty part by both the Defendant and the prosecutor, and became final and conclusive separately.
Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.
2. The summary of the grounds for appeal (hereinafter referred to as the 7,000,000 won of fine) of the lower court is too minor or unreasonable.
3. The crime of this case committed against the spouse at home is not good for the crime of violence committed against the spouse within the family, and the defendant has a record of criminal punishment several times for the crime of violence committed against the spouse is disadvantageous to the defendant.
However, in full view of all the circumstances that are the conditions for sentencing of the instant case, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.