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(영문) 서울동부지방법원 2018.03.29 2017노1927
폭행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one year of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. The fact that the defendant is led to confession and reflects by the judgment, and that the victim of the special intimidation of this case does not want the punishment of the defendant is favorable to the defendant.

On the other hand, the fact that victims' damage has not been recovered, that the crime of violence is a crime during the period of suspension of execution, and that each crime of this case has been punished several times for the same crime, etc., which is disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive, means, and consequence leading to the instant crime, and various circumstances that form the conditions for sentencing specified in the instant pleadings, such as the circumstances after the instant crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. As such, the appeal 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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