특정범죄가중처벌등에관한법률위반(보복폭행등)
All appeals by the defendant and the prosecutor are dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (10 months of imprisonment) is too hot or (10 months of imprisonment).
2. The judgment of the defendant committed the crime of this case again during the period of repeated crime due to the crime of violence, the assault of the victim for the purpose of retaliation against the victim who is the witness of another criminal case, and in particular, the victim only stated the scene of witness in a criminal case, and the fact that the victim had a wrong awareness of damage and caused this case is disadvantageous to the defendant.
On the other hand, the fact that the victim does not want the punishment of the defendant, and that the defendant acknowledges and reflects most of the crimes, etc. are favorable to the defendant.
Considering the aforementioned favorable or unfavorable circumstances and other various sentencing conditions, such as the Defendant’s age, sex, environment, the circumstances leading up to each of the instant offenses, and the circumstances after the commission of the crime, it does not seem that the lower court’s punishment is too heavy or unreasonable to the extent that the Defendant’s punishment is to be destroyed due to fluence.
Therefore, the defendant and the prosecutor's argument are without merit.
3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.