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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Although the Defendant did not assault the victims, the lower court found the Defendant guilty of each of the facts charged in this case, there was an error of misunderstanding of facts. 2) The lower court’s sentencing of an unreasonable sentencing sentence (hereinafter “fine 4 million”) is too unreasonable.
B. The lower court’s sentencing is too uneasible and unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court’s judgment that found the Defendant guilty cannot be deemed to have erred by mistake of facts, and thus, the Defendant’s assertion of mistake of facts is without merit.
B. Each of the instant crimes committed by the Defendant and the prosecutor on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant, such as: (a) each of the instant crimes committed by the Defendant and the prosecutor; (b) assaults against the weak women by drinking alcohol and by force; (c) the Defendant has a record of having been punished several times for the same kind of crime; and (d) the Defendant has
On the other hand, there are some extenuating circumstances in terms of the circumstances leading up to each of the crimes in this case, the victims are relatively heavy, and the defendant has no record of punishment exceeding the fine since 1975.
In full view of the above circumstances and other factors of sentencing as shown in the instant argument, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., since the sentence imposed by the lower court is too heavy or too unreasonable, the allegation of unfair sentencing by the Defendant and the prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.