Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The lower court found the Defendant guilty on the part of the facts charged against the Defendant, and dismissed the prosecution on the part of the assault.
However, since the defendant and the prosecutor appealed only the guilty part, and did not appeal the dismissed part, the dismissed part of the judgment of the court below shall be excluded from the scope of the judgment of this court.
2. As to the summary of the grounds for appeal (e.g., a fine of three million won) by the court below, the defendant asserts that the defendant is too unreasonable and unfair, and the prosecutor argues that it is too uneasible and unfair.
3. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.
The defendant has a past record of criminal punishment over several times for the same crime, and among them, the criminal records of imprisonment with prison labor are also several times.
Furthermore, the Defendant was sentenced to six months of imprisonment on May 18, 2017, which is the same type as the instant case, and the Defendant again committed the instant crime without being aware of the completion of the execution of the sentence on December 27, 2017.
Such circumstances are disadvantageous to the defendant.
However, the defendant recognizes a crime and is against his/her gender.
In consultation with the victim, the victim does not want to punish the defendant.
The instant crime was committed once.
Such circumstances are favorable to the defendant.
In addition, when comprehensively considering the defendant's age, career, character and conduct, environment, family relationship, health status, the amount of fraud, motive and background of the crime, means and consequence of the crime, etc., it is deemed that the judgment of the court below exceeded the reasonable limit of discretion, or that it is unreasonable to maintain the judgment of the court below as it is.
Therefore, it is not recognized that the sentence of the court below is too heavy or unreasonable because it is too heavy.
4. Conclusion.