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(영문) 광주지방법원 2020.07.21 2020노201

폭행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (hereinafter “Defendant”)’s punishment (hereinafter “fine 4,00,000”) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. The following are favorable circumstances: (a) the Defendant recognized the instant crime; (b) the degree of assault appears to have relatively not to be serious; (c) the Defendant was punished by a fine for the same kind of injury to the Defendant; (d) the Defendant was a repeated crime period due to the commission of robbery; and (e) the Defendant was pending in the judgment (or Giju District Court 2019Da392 (Intrusion upon Residence), and the Gwangju District Court 2019No1029 (Larceny) due to larceny, etc.; and (e) the Defendant committed the instant crime despite being pending in the judgment due to larceny, etc., the Defendant was committed in the instant crime; and (e) the victim

There are no special circumstances or changes in circumstances that can be newly considered by this court, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's assertion are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.