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(영문) 광주지방법원 2015.05.12 2014노1808
폭행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (2 million won of a fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of the factors of sentencing unfavorable to the Defendant who committed the instant crime even though the Defendant had had had a history of criminal punishment for the same kind of crime, or the Defendant’s act of assaulting the victim’s breath, which is not much severe, and other favorable sentencing factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and other circumstances that form the conditions of sentencing as indicated in the records and pleadings, such as the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, etc., it cannot be deemed that the Defendant’s punishment is too heavy or unreasonable.

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