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(영문) 광주지방법원 2018.12.19 2018노3099
특수폭행등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. The court below's scope of a party member's trial is dismissed, and the remaining facts charged are convicted, and since the defendant and the prosecutor appealed only for the guilty part and the rejection part of a public prosecution that did not appeal the defendant and the prosecutor is confirmed, the scope of a party member's trial is limited to the part which the court below found guilty.

2. Summary of reasons for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

3. Considering the fact that the crime of this case is not good, that the defendant committed the crime of this case again during the period of repeated crime resulting from the same kind of crime even though he had several previous convictions, and that no agreement has been reached with the victim F until the judgment was made, strict punishment against the defendant is required.

However, considering the fact that the defendant is divided into his mistake, that the defendant agreed with the victim G and I, that the part of the D branch office does not want the punishment of the defendant, that the balance between the punishment of the defendant and the like crime, that the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is deemed appropriate, and it cannot be deemed that it is too heavy or unreasonable, and therefore the above argument by the defendant and the prosecutor is without merit.

4. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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