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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. As to the summary of the grounds for appeal (e.g., imprisonment with prison labor, one year of suspended sentence, three years of suspended sentence, etc.), the defendant asserts that the punishment is too unreasonable, and that the prosecutor is too uneasible and unfair.
2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court determined punishment by comprehensively taking account of various circumstances as indicated in its holding, including the fact that the Defendant denies the crime and was subject to criminal punishment due to violent acts.
In addition to the circumstances indicated by the lower court, no circumstance exists to change the sentence of the lower court in the trial; the Defendant did not dispute the innocence in the trial; the Defendant first started to assault the victim; the victim was sentenced to suspended sentence due to a special injury by the Defendant and the sentence became final and conclusive; the Defendant and the victim expressed their intent not to be punished against each other; and all of the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and behavior, environment, motive and means of the crime, circumstances after the crime, etc., are considered, and the sentencing of the lower court is too heavy or unhued, and thus, it cannot be deemed that the sentencing of the lower court exceeded the reasonable scope of discretion.
Defendant
The prosecutor's assertion is without merit.
3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.