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(영문) 서울중앙지방법원 2017.06.02 2017노245

폭행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

In the appellate trial, it is favorable to the defendant that the injured party does not want the punishment of the defendant by agreement with the victim D, and that the defendant reflects his depth on the crime.

However, the defendant has repeatedly assaulted the victim, but has been suspended from punishment due to the transfer of home protection cases and suspension of execution on several occasions.

Even though it appears, the fact that the assault was committed again is disadvantageous to the defendant.

In addition, considering the various circumstances asserted by the Defendant and the Prosecutor on the grounds of each appeal, considering the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, etc., the lower court’s punishment is too heavy or unhutiled and unreasonable.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since each 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.