beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below against the defendant (4 million won) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. The crime of this case is an unfavorable circumstance to the defendant, in light of the fact that the defendant, while drinking alcohol at the alcohol house, brea the victim's clothes and her breathem from the victim's breast who was recommended to return home from the victim, and the nature of the crime is not good in light of the background and method of the crime, etc., the damage to the victim was not recovered and the victim was not received, and there was no record of punishment several times due to the same kind of crime.
On the other hand, the fact that the defendant shows an attitude against the defendant who recognized the crime of this case, the degree of damage to the victim seems not to be serious, and the defendant is aged 70 years of age and has difficulty in living as a recipient of basic living, etc. are favorable to the defendant.
As above, the lower court appears to have determined the punishment in consideration of various favorable and unfavorable circumstances to the Defendant, and there is no special change in the depth of the case.
In addition, comprehensively taking into account all the conditions of sentencing as shown in the pleadings of the instant case, including the Defendant’s age, sex, environment, details and method of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant does not seem to be too heavy or unreasonable as it is within the reasonable scope of sentencing discretion.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.