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(영문) 서울서부지방법원 2019.08.22 2019노734
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence sentenced by the prosecutor (eight months of imprisonment) is too unhued and unfair.

2. The judgment of the defendant has several records of punishment for the same kind of crime, in particular, even though he was convicted of the crime that assaulted the victim, and again committed the crime of this case even though he was under probation period after being convicted of the crime, the victim has been reported five times as domestic violence, and the degree of injury of the victim is very heavy is that the defendant is disadvantageous to the defendant.

On the other hand, the defendant recognized all of the crimes of this case and reflected against the defendant, and the fact that the victim wanted to take the action against the defendant is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the judgment of the lower court’s sentencing cannot be deemed to have exceeded the reasonable bounds of discretion.

In addition, there is no change in circumstances that it is unreasonable to maintain the sentencing of the court below in the trial.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

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

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