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(영문) 서울중앙지방법원 2020.11.30 2020노2903
폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

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

2. We also examine the arguments of the Defendant and the Prosecutor.

In light of the fact that the Defendant appears to have recognized all of the instant crimes, the Defendant did not engage in assault by directly assessing the body of some victims, and that the Defendant’s mental disease appears to have affected the instant crimes, etc., the circumstances that might be considered favorable to the Defendant.

On the other hand, even though the defendant was sentenced to the stay of the execution of imprisonment on January 17, 2020 due to the crime of the present building and the attempted crime of fire prevention, etc., the defendant committed each of the crimes of this case in this case, which has not been long enough, and there is no responsibility for such crime, and the defendant seems to have been making no effort to prevent additional crimes, such as receiving medical treatment for his own mental illness, even though he committed each of the crimes of this case within the short period. The majority of each of the crimes of this case was committed against a woman with perfectness, and the risk was not small in light of the part, method, etc. of assault, damage was restored to the trial, or failed to receive a delivery from the victims, etc., are disadvantageous to the defendant.

In full view of the various circumstances favorable to and unfavorable to the Defendant and other various conditions of sentencing indicated in the instant records and pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime, etc., it is difficult to deem that the lower court’s punishment is too heavy or it exceeded the scope of discretion as it is difficult to deem that the lower court’s punishment was too heavy

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed 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.

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