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(영문) 수원지방법원 2017.01.20 2016노7376

특수폭행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

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

2. The favorable circumstances are that the Defendant recognized the instant crime and reflects it when it comes to the first instance.

On the other hand, the Act on the Number of Crimes in this case is considerably dangerous, and the defendant has been punished more than ten times for violent crimes in the past, and in particular, committed the crime in this case without being aware of during the period of suspension of execution due to obstruction of official duties, and the defendant did not reach an agreement with the victim, and the victim want to punish the defendant.

In full view of the above circumstances and the defendant's age, environment, sexual conduct, motive, background, means, and consequence of the crime, etc., the sentence imposed by the court below on the defendant appears to be appropriate, and it cannot be determined that the sentence is too heavy or too unreasonable.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.