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대구지방법원 2017.08.17 2017노1549
폭행
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (3 million won) by the court below is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's respective arguments on sentencing.

The court below sentenced the above punishment by taking into account the following favorable circumstances: (a) assaulting the victim E in an emergency room to commit a crime; (b) taking into account the fact that there are many kinds of criminal records, including five times of violence; and (c) the degree of injury suffered by the victim seems to be relatively heavy; and (d) the Defendant reflects the nature of the victim; and (e) taking into account the favorable circumstances.

In full view of the circumstances taken into account as above and all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, background leading up to the commission of the offense, means and consequence, circumstances after the commission of the offense, etc., the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentence imposed on the Defendant cannot be deemed too somewhat less or unreasonable, and thus, each of the unfair arguments of sentencing by the prosecutor and the Defendant is without merit.

3. In conclusion, since both the prosecutor and the defendant's appeal are 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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