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(영문) 전주지방법원 2018.08.24 2018노761

폭행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. The crime of this case was committed by the Defendant on his hand with the victim F's head at his hand without any special reason, and assaulted by his arms in light of the circumstances of the crime. The crime of this case was committed in light of the circumstance of the crime. The Defendant did not receive a letter from the victims up to the heart, and the Defendant again committed the crime of this case even though he had the record of criminal punishment for the same crime, is disadvantageous to the Defendant.

However, in light of the following: (a) the Defendant has been found to have committed the instant crime in the first instance trial; (b) the fact that the degree of assault is relatively minor is considered in favor of the Defendant; and (c) the Defendant’s health, economic condition, age, sexual conduct, circumstances, means and consequence of the instant crime; and (d) all of the sentencing conditions specified in the records and arguments, such as the circumstances after the commission of the crime, are too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.