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(영문) 광주지방법원 2018.10.24 2018노1500

폭행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of six months, the suspension of execution of two years, the observation of protection, and the community service order of 80 hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflected against the defendant, and the fact that the victim did not have any injury.

However, the crime of this case was committed while the defendant was sentenced to imprisonment with prison labor for violent crimes, and the nature of the crime is not weak, the criminal records including the above criminal records, three times the same criminal records including the above criminal records, and the victim wants to punish the defendant is disadvantageous to the defendant. In full view of the fact that there is no particular change in sentencing conditions compared with the original judgment, and other various sentencing conditions in the arguments of this case, such as the defendant's age, sexual behavior, environment, etc., it is not recognized that the original judgment's punishment is too heavy or unreasonable, and therefore, each of the above arguments by the defendant and the prosecutor are without merit.

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