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(영문) 수원지방법원 2019.11.29 2019노5272
특수폭행
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (four months of imprisonment) is too unhued and unfair.

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

2. The lower court sentenced the Defendant to four months of imprisonment, taking into account the circumstances favorable to the Defendant, favorable to the Defendant, and the sentencing guidelines recommended by the Sentencing Committee.

There is no circumstance that the sentencing of the lower court is deemed to have exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the sentencing of the lower court, in full view of the fact that the Defendant committed the instant crime without being aware of the offense during the period of repeated offense, and did not receive any conviction from the victim up to the trial. However, there is no such circumstance that the lower court’s judgment is deemed to have exceeded the reasonable bounds of discretion, and that it is unreasonable to maintain the sentencing of the lower court.

In addition, considering the circumstances and results of the instant crime, Defendant’s age, character and behavior, environment, etc. after the instant crime, the sentence of the lower court is appropriate, and it is not deemed that it is too heavy or unreasonable.

Therefore, both prosecutor and defendant's assertion are without merit.

3. 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.

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