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(영문) 서울동부지방법원 2020.04.10 2019노1490
폭행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (two million won of a fine) imposed by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine each of the grounds for unfair sentencing by the Defendant and the prosecutor.

Considering the fact that the Defendant committed the instant crime against a female who does not have any awareness at a place where the passage of the general public is frequent without any justifiable reason, and that the Defendant committed the instant crime even though he/she was punished several times for violence-related crimes or was subject to family protection disposition, there is a need to strictly punish the Defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized, the mental and physical problems of the defendant are expected to lead to the crime of this case due to the mental and physical problems of the defendant, and the family members of the defendant are giving medical treatment to the defendant and preventing the recurrence of the crime.

Ultimately, in full view of all the circumstances that led to the Defendant’s age, character and conduct, environment, the circumstances leading to the instant crime, and the circumstances leading to the sentencing conditions indicated in the records, such as the circumstances after the crime, the sentence of the lower court is reasonable. Therefore, the above arguments by the Defendant and the

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

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