beta
Text
Defendant
The appeal by the prosecutor is dismissed.
Reasons
1. Improper sentencing for each of the reasons for appeal;
2. The lower court determined a sentence by comprehensively taking into account the following circumstances: (a) the Defendant’s criminal records of identical violence several times; (b) the Defendant was sentenced to a suspended sentence of imprisonment due to a special injury on February 2017; and (c) the Defendant committed the instant crime at least six months only; (c) the Defendant recognized the commission of a crime; (d) the commission of a crime; and (e) the degree of damage was not relatively heavy; and (e) the Defendant faithfully served in his/her workplace; and (e) the commission was favorable to the Defendant’s desire for the Defendant’s wife; and (e) the sentence was determined by comprehensively taking into account the Defendant’s age, sexual behavior, environment, motive and background of a crime, and circumstances after a crime
The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.
Considering the circumstances required for the grounds of each appeal (such as the economic situation is not good due to the collision of shipbuilding business, there is a family member in support, and the prosecutor citeds the gravity of violent crime), the above sentencing cannot be deemed as excessive or unreasonable in light of the fact that the above sentencing is too heavy or unreasonable.
Unlike others, the sentencing conditions mentioned above have been changed in the trial of the party.
There are no circumstances to see.
Therefore, the defendant and the prosecutor's argument are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of the appeals is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.