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(영문) 인천지방법원 2020.02.06 2019노2360
폭행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (2 million won of fine) is too unreasonable, and the reasons for appeal by the prosecutor are unreasonable because the punishment by the court below is too uneasible.

2. Although there are many records of punishment for violent crimes, the fact that the defendant committed the instant crime is disadvantageous to the defendant, while the defendant shows an attitude to recognize and reflect the instant crime.

In full view of the circumstances above, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age, health condition, character and conduct, environment, and circumstances that constitute the conditions for sentencing as indicated in the instant case, the Defendant and the prosecutor’s above assertion are not acceptable on the grounds that the sentence imposed by the lower court is too heavy or unreasonable.

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

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