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(영문) 부산지방법원 2018.11.16 2018노2622
폭행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court’s judgment on the grounds that the part of the facts charged in the instant case was dismissed, and that the part of the dismissal of a public prosecution for which a prosecutor did not appeal was final and conclusive after the lapse of the appeal period, the lower court’s judgment on the charges of assault as to each of the facts charged in the instant case was pronounced guilty, and that the part of the lower court’s judgment on the guilty portion should be tried

2. Summary of reasons for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

3. The lower court rendered a sentence by taking into account the circumstances unfavorable to the Defendant, as well as favorable to the Defendant.

When comprehensively taking into account the conditions for sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable scope of discretion.

There is no other circumstance in which it is deemed unfair to maintain the judgment of the court below as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, and circumstances after the crime, etc., the sentence of the court below cannot be deemed unfair because it is too heavy or too unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

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

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