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(영문) 의정부지방법원 2017.05.22 2017노338
특수폭행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the amount of KRW 7 million) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. In light of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) the victims do not want punishment against the Defendant; (c) the Defendant committed a crime, such as obstruction of performance of official duties, obstruction of violence, etc. during the period of repeated crime due to theft; (d) the Defendant committed the instant crime during the period of repeated crime; (b) the Defendant again committed the instant crime during the period of repeated crime; (c) the risk of committing a crime using a knife; and (d) the Defendant’s tendency to exercise violence upon the withdrawal of alcohol; and (c) other unfavorable conditions of sentencing as indicated in the records, such as the motive and background leading up to the instant crime; (d) the circumstances after the commission of the crime; and (e) the Defendant’s age, sexual behavior, and environment, etc., the Defendant and the Prosecutor’s assertion are too heavy or unreasonable. Therefore, all of the aforementioned arguments are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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