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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal (in each case’s sentencing) is too heavy or too unfased (in each case’s sentencing amounting to seven million won).
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant is against the recognition of the instant crime, and the victim is seeking the Defendant’s wife by agreement with the victim, and that the victim’s wife is not much serious injury.
However, the fact that the defendant has already been subject to criminal punishment several times due to violent crimes, and that the defendant does not know about during the period of repeated crime due to the same crime and commits the crime of this case is disadvantageous.
The court below determined punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions different from those of the court below in the first instance after the sentence of the court below.
In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is deemed reasonable, and the lower court’s punishment is too heavy or less than the reasonable scope of discretion.
It does not seem that it does not appear.
All of the arguments that the sentencing of the defendant and the prosecutor are unfair are dismissed.
3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.