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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In view of the fact that the defendant committed a contingent crime by acquiring the defendant, support for his family, and social relationship is obvious, the fact that the court below recognized the crime, deposited 5 million won for the victim at the court below, and provided volunteer service in social welfare facilities after the crime, etc., the sentence imposed by the court below (a punishment of imprisonment for August and a suspended execution, 2 years of protection, observation of protection, and community service order 80 hours) is too unreasonable.
B. In light of the fact that the instant crime committed by the prosecutor is so-called “brupt violence,” which is so-called “brupt violence,” which has considerable mental damage to the victim, heavy damage caused by the crime, the Defendant has been convicted of violence at least ten times, including the punishment for suspended execution, and the victim’s failure to recover from damage, etc., the sentence imposed by the lower court is too uneasible and unfair.
2. The instant crime is a non-discriminatory violence against a woman in a trust relationship, and it is also difficult to commit the crime in terms of motive, method, etc., and damage is also high. In addition to the criminal records of the same type of punishment and investigation power, and the Defendant’s strict punishment is inevitable.
However, in consideration of various favorable circumstances claimed by the defendant, it is reasonable to give the defendant a final opportunity to correct character and behavior more familiarly than imposing punishment on the defendant.
As seen, considering the circumstances in which both parties assert on the grounds of appeal, the lower court’s punishment is too heavy, or it is not deemed unreasonable as it is too heavy.
3. As such, each appeal by the defendant and the prosecutor is without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.