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(영문) 대전지방법원 2017.12.20 2017노3209
폭행치상등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too heavy or unreasonable.

2. In light of the criminal history and method of the crime, such as assaulting a victim who had a relationship with the victim several times, causing serious injury to the victim, continuing to threaten the victim to the police without permission, and impairing the victim's residence, etc., the crime was very poor in light of the nature of the crime and the method of the crime. The victim appears to have suffered considerable mental pain, but the recovery of the damage was not properly achieved, the victim did not reach an agreement with the victim, and the defendant repeated the crime of causing assault of this case without being aware of the victim during the period of repeated crime.

However, in full view of the fact that the defendant recognized the crime of this case as well as there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, etc., the punishment of the original court is too heavy or unreasonable, and thus, it is not deemed unfair.

Therefore, the defendant and the prosecutor's assertion are without merit.

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

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