beta
Text
Defendant
The appeal by the prosecutor is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (three years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The crime of this case recognized by the evidence, evidence, rule of evidence, and legal principles (the judgment of conviction against the charged facts of the court below is lawful, and there are no materials or grounds to regard it as mental or physical disorder) committed the crime of this case (the judgment of conviction against the charged facts of the court below is legitimate, and there are no materials or grounds to regard it as mental or physical disorder), the defendant inflicted an injury upon the victim at several times, and stolen the property by exposing the window at the victim's home. As a retaliation for reporting this fact to the police, the defendant was punished against the defendant by assaulting the victim for about 3 hours and 40 minutes, such as drinking, scarf, Hdrae, electric wires, and hearing tape, etc., and the victim was cruel and cruel, and the purpose and motive of the crime of this case was bad, and the victim seems to have suffered a serious injury requiring treatment of at least 4 weeks, and it seems that it does not go beyond considerable mental shock, and the defendant was punished against the defendant, other than the crime of this case.
On the other hand, the defendant does not have access to the victim after completion of the execution of the sentence finalized as he recognized the facts charged of this case and against his mistake.
The fact that there is a difference, and the fact that the defendant deposited 5 million won for the victim in the trial of the party is favorable to the defendant.
In light of the aforementioned circumstances, the appellate court’s precedents (Supreme Court Decision 2015Do3260 Decided July 23, 2015), and the Defendant’s age, sexual conduct, intelligence and environment, motive and circumstance leading to each of the instant crimes, means and consequence of the instant crimes, and circumstances after the commission of the crime, etc., comprehensively considered various circumstances revealed in the pleadings, including the appellate court’s additional sentencing data.