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(영문) 수원지방법원 2017.06.19 2017노238
폭행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence that the court below sentenced against the defendant (3 million won a penalty) is too unreasonable.

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

2. In light of the fact that the accused who was subject to criminal punishment on several occasions for the same crime and who again committed the crime of this case during the period of suspension of the execution of the same crime, which is highly likely to be subject to criticism, and that the damage caused by the crime of this case has not yet been recovered, there is a need to punish the accused strictly.

However, considering the following factors: (a) the Defendant appears to have committed the instant crime, the degree of the instant assault is relatively minor; and (b) the Defendant’s age, sexual conduct, environment, the background of the instant crime, and the circumstances before and after the instant crime; and (c) the overall conditions of sentencing indicated in the records and the changes of the circumstances before and after the instant crime were taken into account: (a) the sentence imposed by the lower court against the Defendant is too heavy or too unreasonable as it is within the reasonable scope of sentencing discretion; and (b) the Defendant and the Prosecutor’s above assertion are without merit.

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

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