상해등
All appeals by the defendant and the prosecutor are dismissed.
1. The defendant did not submit a written reason for appeal within the period for submitting the written reason for appeal, the petition of appeal does not indicate the grounds for appeal, and the records are examined, and no reason for reversal of the judgment of the court below can be found (the defendant stated that it is improper for the defendant to be sentenced to punishment (7 million won) of the court below on the third trial date of the court below, but this cannot be viewed as a legitimate reason for appeal since he asserted that it was subsequent to the lapse of the period for submitting the written reason for appeal). 2. The decision on the appeal by the prosecutor on February 2, 199
A. The summary of the grounds for appeal (unfair sentencing) is too unfluent and unfair.
B. Circumstances unfavorable to the Defendant are as follows.
The Defendant was sentenced to a four-year punishment due to rape in 2010, and completed the execution of the sentence, and committed each of the crimes in this case during the repeated crime period.
In addition, the defendant was sentenced to imprisonment for 8 months for a violation of the Punishment of Violence, etc. Act in 2006 and was punished for the same crime.
Circumstances favorable to the defendant shall be as follows:
The degree of injury inflicted by the defendant on the victim B is minor.
The defendant does not want the punishment of the defendant by mutual consent with the victim B.
The Defendant reimbursed the repair cost of the damaged patrol vehicle.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.
The prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the defendant's appeal shall be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is rendered a judgment on the prosecutor's appeal, the defendant shall separately be dismissed