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(영문) 수원지방법원 2018.01.04 2017노5570
특수폭행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the penalty of KRW 5 million, the confiscation) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The instant crime is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant: (b) threatened the victim E and F who had a knife drinking together with the Defendant; (c) assaulted the Victim F by drinking with a knife knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a kn

On the other hand, the fact that the defendant recognized the crime of this case, the defendant was assaulted by the victim E, the degree of damage to the victims seems not to be serious, and the investigative agency agreed with the victims, and the victims submitted a written application to the effect that they do not want the punishment of the defendant at the original trial, etc. are favorable to the defendant.

In full view of the above overall circumstances and other circumstances, such as the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the crime, etc., the lower court’s punishment is too heavy or it cannot be deemed unfair because it is too heavy, and thus, the Defendant and the prosecutor’s assertion are without merit.

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.

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