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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor’s sentence of the lower court (four months of imprisonment) is too unhued and unreasonable.
B. The lower court’s punishment is too unreasonable.
2. The following facts are disadvantageous to the determination:
The defendant has a record of criminal punishment for the same violent crime several times.
It is the period of repeated crime due to the violation of the Road Traffic Act (LA) and the nature of the crime is not good because the crime was committed because it was committed while being confined to prisons without being familiar with other prisons.
There was no agreement with the victim.
On the other hand, the following conditions are favorable.
Defendant reflects on crimes.
In the process of living together with several capital reduction in a narrow prison, the circumstances of the crime are somewhat considered.
In addition, comprehensively taking account of various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, and circumstances after the crime, the prosecutor and the defendant's assertion are without merit, since it is not deemed that the sentence of the court below is too weak or unreasonable.
3. If so, the appeal by the prosecutor and the defendant 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.