폭력행위등처벌에관한법률위반(상습상해)
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that the summary of the grounds for appeal (e.g., both types of punishment) by the court below is too unafford, and that the prosecutor is too unafford and unfair.
2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) the degree of injury the victim sustained due to the instant crime appears to be insignificant; and (c) the fact that the victim does not want to be punished by the Defendant solely agreed with the victim and the victim.
On the other hand, on the other hand, the crime of this case was committed by the defendant on the ground that the victim was to purchase the victim's ice without drinking it, and the crime of this case was committed mainly by the defendant, which caused the injury to the shouldered be treated for about two weeks, and the quality of the crime was not less than that of the defendant, and the defendant has already been subject to criminal punishment over twenty times for the same crime, and the defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties at the Jeju District Court on October 31, 2014, and committed the crime of this case again on the other hand during eight months after the execution of the sentence was completed, and the period of imprisonment with prison labor for ten months sentenced by the court below is close to the lowest limit of the recommended sentences (from September 2 to June 6) according to the sentencing guidelines of the Sentencing Commission.
In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, character and conduct, and environment, etc. as well as the various sentencing conditions shown in the instant records and arguments, it seems that the lower court’s punishment is too heavy or unreasonable. Therefore, the Defendant and the prosecutor’s assertion are without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, the second page of the judgment of the court below is that the defendant habitually inflicted an injury on the victim D."