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(영문) 창원지방법원 2018.11.08 2018노1354
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 (or four months of imprisonment, one year of probation, one year of community service order, 120 hours) is too unhued and unreasonable.

B. The above sentence sentenced by the court below is too unreasonable.

2. We examine the judgment and the defendant's arguments together.

In full view of all the conditions of sentencing in the records and arguments of this case, including the circumstances favorable to the defendant, the defendant's age, sexual conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, which are favorable to the defendant, such as the fact that the defendant has been punished several times as a crime of the same kind of violence, the fact that the defendant did not agree with the victim, etc., and that the defendant recognized the defendant's wrong facts that were disadvantageous to the defendant, and that the defendant did not have any weight on the degree of damage, etc., the punishment sentenced by the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor and the defendant is without merit. It is so decided as per Disposition.

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