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(영문) 대구지방법원 2018.10.19 2018노2631
특수폭행
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (10 million won) on the defendant is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We examine the judgment and the defendant's arguments together.

In full view of the circumstances favorable to the defendant, including the fact that the defendant committed the crime of this case during the period of repeated crime, the fact that there was a history of serving multiple times as the same crime, etc., and the fact that the defendant did not repeat again while recognizing the defendant's unfavorable circumstances, the defendant's mistake, and the fact that the victim did not want punishment against the defendant by agreement with the victim, etc., and all the sentencing conditions specified in the records and arguments of this case, including the defendant's age, sexual conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment imposed by the court below was proper and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit. Thus, all of the appeals by the prosecutor and the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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