beta
(영문) 수원지방법원 2019.10.11 2019노2180

폭행치상

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment, two years of suspended execution, and probation) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. There is no change in the conditions of sentencing compared with the original judgment because there is no particular new sentencing data in the trial court for the judgment, and comprehensively taking account of all the reasons for sentencing revealed in the proceedings of the instant case (i.e., the confession of the Defendant, the depth of the mistake, the circumstance of the offense, the circumstance of the offense, the Defendant has no criminal record exceeding the fine, the degree of injury to the victim: the degree of injury to the victim is heavy, and the fact that there is no agreement with the victim). It cannot be deemed that the sentencing of the lower court is too heavy or unhued and it exceeded the reasonable scope of discretion.

3. The appeal filed by the defendant and the prosecutor in conclusion are all groundless, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.