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(영문) 인천지방법원 2015.06.26 2015노1038

폭행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. In full view of the following circumstances: (a) the Defendant appears to have exercised violence against the victim even before the instant crime was committed; (b) the Defendant had been punished several times before the instant crime was committed; (c) the Defendant recognized the instant crime; (d) the Defendant and the victim agreed to divorce through conciliation; and (e) other circumstances constituting the conditions for the pleadings and the sentencing in the records, such as the Defendant’s character and conduct, environment, relationship with the victim, motive and means of the instant crime; and (e) the motive and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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