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(영문) 수원지방법원 2018.07.20 2018노3073
특수폭행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is unfair due to the fact that the court below's punishment (a year of imprisonment, confiscation) is too unafford, and the prosecutor asserts that the sentence of the court below is too unfford and unfair.

2. The circumstances are favorable to the defendant, such as the fact that the defendant's mistake is recognized, the victim expressed his/her intention not to have the defendant punished, the fact that the defendant wanted to have his/her wife, and the social ties relationship of the defendant is relatively obvious.

On the other hand, the defendant places a spawn and fire on the victim in a gasoline, which is an explosive inflammable substance.

Intimidation not only causes fatal damage to the victim but also to the surrounding people, which is highly dangerous, and the fact that the defendant has been punished several times due to violence-related crimes is disadvantageous to the defendant.

It is difficult to view that the lower court’s punishment is too heavy or unreasonable in light of the above circumstances and other sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, environment, family relationship, motive for committing an offense, and circumstances after committing an offense.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, 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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