beta
(영문) 의정부지방법원 2017.01.12 2016노2911

폭행치상

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (7 million won) on the Defendant is too unreasonable.

B. The sentence (7 million won) imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. The judgment defendant committed the crime of joint assault during the suspension of the execution of imprisonment with labor due to interference with the execution of official duties and during the probation observation period, and again committed the crime of this case in the same situation, and the nature of the crime is considerably heavy in light of the criminal history, the circumstances of the crime, etc.

Defendant has been punished several times for the same crime.

However, it is recognized that the defendant committed the crime of this case in a contingent manner, the victims have not been injured, and the defendant agreed to both the victims.

There is no special change in circumstances that would be different from the original judgment in the first instance.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too weak or unreasonable.

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 them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.