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(영문) 서울서부지방법원 2018.07.26 2018노605

상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant filed each appeal on the grounds that the lower court’s punishment is too unfasible and unfair, on the grounds that the Defendant was too unfasible and unfair.

2. In determining the sentence against the Defendant, the lower court determined the sentence by taking into account the following circumstances: (a) the so-called “brupt assault,” which is a so-called “brupt assault,” which was committed against the criminal who was passing without any justifiable reason, significantly poor in the motive and background of the crime; (b) the crime committed against the female at night; (c) the Defendant had a heavy criminal history; (d) the Defendant already committed a so-called “brupt assault,” against the female; and (e) the victim had a serious mental disorder, such as uneasiness, due to the instant crime; and (e) the sentence was imposed by taking into account the favorable circumstances in which

In full view of the above circumstances favorable to or unfavorable to the Defendant, the Defendant’s age, sex, environment, motive and circumstances leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no change in circumstances to regard that maintaining the sentencing of the court below is unfair in the trial.

After all, the sentence of the court below is appropriate, and it cannot be deemed unfair because it is too heavy or frighted.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor cannot be accepted.

3. In conclusion, since the 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.