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(영문) 대구지방법원 2017.04.19 2016노5309
폭행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

It is recognized that the defendant committed the crime of this case even though he was committed for a repeated crime due to assault, and that the defendant was punished for violent crimes, and that the victim is wanting to punish the defendant.

However, the Defendant recognized the facts charged in the instant case, and against the Defendant’s violation of the principle of good faith, and the relation between the two crimes committed on November 10, 2016 and the crime committed by a group of concurrent crimes after Article 37 of the Criminal Act should be considered in accordance with Article 39(1) of the Criminal Act. In addition, taking into account the following factors: Defendant’s age, sex, environment, family relationship, and circumstances after the crime, etc., the lower court’s punishment is not deemed to be too weak or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

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

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