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(영문) 인천지방법원 2018.06.15 2018노906
상해등
Text

The appeal by the defendant and the prosecutor shall be dismissed.

Reasons

1. The Defendant, on the grounds of appeal, appealed too far from the sentence of the lower court (eight months of imprisonment), and the Prosecutor appealed from the lower court’s sentence so that it is too unfasible and unfair.

2. On June 8, 2017, the Defendant was punished five times by a fine due to the same kind of violent crime, and in particular, on June 12, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of assault at the Incheon District Court Branch Branch Branch Branch of the Incheon District Court, which became final and conclusive on June 12, 2017, but there was no repent by committing the instant crime during the period of suspension of execution, and there is a high risk of recidivism.

In addition, the shoulder of the police officer called out is cut off, and the quality of the crime is very poor by putting the beer who was in prison into the face of the police officer, and the circumstances after the crime are not good, and there was no agreement with the victims.

However, in light of other circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is too heavy, or is not unreasonable as it is flick. Thus, the Defendant and the Prosecutor’s assertion are without merit.

3. All appeals filed by the Defendant and the Prosecutor are dismissed. It is so decided as per Disposition.

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