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(영문) 대전지방법원 2016.12.08 2016노2332
특수존속폭행등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (one year and two months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. The judgment that the defendant led to confession of all of the crimes of this case and reflects his mistake, the victims wanted the defendant's wife in the trial by mutual consent with the victims and the neighbors wanting to leave his wife against the defendant, etc. However, the crime of this case is committed in favor of the defendant. The crime of this case is committed by assaulting or threatening the defendant with the kitchen, which is a dangerous object of his father and father's cohabitant, and the nature of the crime is very poor. The defendant again committed the crime of this case during the suspension of execution even though he had been punished for the same violent crime of this case and the crime of this case. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, environment, motive, means and result, and the circumstances before and after the crime, etc., the judgment of the court below is too heavy or unreasonable. Thus, the defendant and the prosecutor's allegation of unfair sentencing is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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