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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (7 million won) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.
The court below seems to have sentenced the defendant to the punishment by taking into account the circumstances such as the background of the crime, the degree of the assault committed, the contingent crime, the recidivism during the suspension of execution due to the crime, the reflectivity, etc.
When comprehensively considering the motive, circumstance, result, the circumstances after the crime, the defendant's age, sexual conduct, record of punishment, etc. in the trial of the political party, as well as the matters under the conditions of sentencing, including the punishment, the judgment of the court below exceeded the reasonable bounds of discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.
3. In conclusion, since the appeal by the defendant and the prosecutor is 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.