logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.07.20 2017노469
상해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (ten months of imprisonment, two years of probation, three years of community service, 320 hours of sexual assault therapy, 40 hours of sexual assault therapy) is too uneased and unreasonable.

B. In the case of the defendant (1) 1-A and (b) of the facts constituting the crime in the judgment of the court below, the court below found the defendant guilty of this part of the facts charged and found the facts guilty.

(2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below, especially the witness D and M’s statements and investigation reports (fixtures and photographs) at the court of original instance, L dialogue screen, etc., the defendant can sufficiently recognize the facts of assaulting the victim and causing injury to the victim at the time and time as stated in paragraph (b), and thus, this part of the defendant’s assertion is rejected.

B. Sentencing is unfair in light of the favorable circumstances such as the fact that each of the crimes in this case was committed with heavy importance, the defendant denies some of the crimes, and consistent reasoning until the trial of the party, etc., and that the defendant had the same power, considering the circumstances unfavorable to the defendant, and the fact that the defendant lives in custody for a short period of time and endeavored to recover damage, etc., the court below’s punishment is too heavy or unbrupted, and thus, it cannot be justified to accept this part of the defendant and the prosecutor’s assertion.

3. In conclusion, each of the instant appeals by the Defendant and the Prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

arrow