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(영문) 수원지방법원 2018.11.14 2018노5753
폭행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The favorable circumstances are that the Defendant’s mistake was recognized for the first time in the trial, against whom the Defendant’s mistake was committed, against which the Defendant did not commit a second offense, and that there was no past record of crime exceeding the fine.

However, the Defendant has continuously used violence to the victims ( wife and children) who are vulnerable to the crime, repeated each of the crimes of this case without being aware of the fact that they had been subject to criminal punishment and family protective disposition on several occasions due to domestic violence, and appears to have taken into account the circumstances already favorable to the Defendant at the lower court. In full view of all the sentencing conditions of this case, including the Defendant’s age, sexual conduct, environment, the background and consequence of the crime of this case, and the circumstances after the sentence of the lower court, the lower court’s punishment is too heavy or unabrupted, and thus, the Defendant and the prosecutor’s above assertion are without merit.

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

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