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(영문) 부산지방법원 2017.12.01 2017노2584

폭행등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (2 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination is a favorable condition that the Defendant appears to have committed each of the instant crimes in a state of mental and physical weakness due to mental illness, there is no criminal record exceeding a fine, and the economic situation is not good.

However, the victims did not reach an agreement and made efforts to recover damage.

It is difficult to see, and the fact that there is a past record of criminal punishment for the same crime is disadvantageous to the defendant.

On the other hand, if there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Therefore, in full view of the defendant's age, sexual conduct, health, environment, motive and circumstance of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the records and theories in the above circumstances (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), the sentence imposed by the court below is too heavy or uneasible and unfair, and thus, the defendant and the prosecutor's improper argument in sentencing is without merit.

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.