beta
(영문) 광주지방법원 2018.04.04 2016노583

폭행등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 2’s punishment (limited to 8 months of imprisonment, 2 years of suspended sentence, 200 hours of community service, 80 hours of sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence 1 and 2 (the first instance court: the fine of KRW 300,00, KRW 2: the same as the above) is too uneased and unreasonable.

2. The argument of each appeal case against the judgment of the court below against the judgment of the court below Nos. 1 and 2 was joined in the judgment of the court below, but the court of appeal No. 1 and the court of appeal No. 2 are sentenced to imprisonment with prison labor, and the court of appeal No. 2 are sentenced to imprisonment with prison labor. If each of the judgment of the court below is different from the punishment of imprisonment with prison labor and fine in the appellate court, even if the argument of the court of appeal is joined in the appellate court, the appellate court can maintain each of the punishment sentenced by the court below

A. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination on the prosecutor’s improper assertion of sentencing of the first instance judgment; and (b) considering the records and arguments of this case, the lower court’s punishment cannot be deemed unfair; and (c) the prosecutor’s aforementioned assertion is without merit

B. The following facts are favorable: (a) the Defendant repeatedly committed an indecent act by inducing the victim to make a judgment on each of the unlawful arguments regarding the second judgment’s sentencing; (b) the physical part of the Defendant’s body and the degree of the criminal conduct committed by the Defendant; (c) the Defendant committed a large number of criminal records, other than once a sentence is sentenced; and (d) the Defendant committed multiple criminal records, which are disadvantageous to the Defendant; (c) the Defendant led to the confession and reflect of the instant crime when the Defendant was in the first instance trial; and (d) the Defendant did not have any identical

In addition, considering the various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too heavy or it is unfair.