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(영문) 수원지방법원 2015.01.29 2014노7052
폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair form of punishment) asserts that the sentencing of the court below (six months of imprisonment) is too unreasonable, while the prosecutor asserts that the sentencing of the court below is too uneasible and unfair.

In light of the content, motive, means, and method of each of the instant crimes, the crime is not good, and the fact that the Defendant did not make efforts to recover the victims’ damage is disadvantageous to the Defendant.

On the other hand, the circumstances favorable to the defendant are that there is no prior conviction exceeding the fine, and that the defendant recognized the mistake and reflects that the degree of damage suffered by the victims due to each of the crimes in this case.

In addition, considering all other circumstances that serve as the conditions for the sentencing specified in the instant case, the lower court’s sentencing is deemed reasonable, and it cannot be deemed that it is too heavy or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and 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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