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(영문) 서울북부지방법원 2015.06.12 2015노504

폭행등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment of the lower court (one year and six months of imprisonment) shall be too unreasonable;

Prosecutor: The sentence of the court below is too unjustifiable and unreasonable.

2. The lower court determined the sentence as stated in its holding by examining the following circumstances.

When examining all of the sentencing conditions, including the defendant's age, character and behavior, family environment, etc. as shown in the court below's and the party's arguments, the sentence of the court below is too heavy or unreasonable.

Circumstances favorable to the defendant: Confession, absence of imprisonment without prison labor or heavier punishment, alcohol addiction treatment, and circumstances unfavorable to the defendant that indicate no intent to punish the victim E: the long-term violence and high risk of violence against the spouse and children, and the necessity of serious reflectivity;

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since all of the appeal filed by the defendant and the prosecutor are without merit.