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(영문) 수원지방법원 2016.03.09 2016노435
폭력행위등처벌에관한법률위반(상습폭행)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (the grounds for appeal’s wrongful assertion of sentencing) that the court below rendered is too heavy or too uncomfortable.

2. We examine both the defendant and prosecutor’s each of the unfair sentencing arguments.

The Defendant recognized and reflected the instant crime, and the injured party does not want to be punished by the Defendant by mutual agreement with the victim.

In addition, the crime of this case is committed by the defendant with the floor of his hand at one time and the degree of the damage is too serious.

It is difficult to see it.

On the other hand, the defendant committed the crime of this case since he was sentenced to a suspended sentence of imprisonment for the same kind of crime, and the suspended sentence for the same crime has been too much long, and the crime of this case is not good.

In addition, comprehensively taking into account the various circumstances that form the conditions for sentencing as shown in the records, such as the degree of damage caused by the instant crime, Defendant’s age, sexual conduct, environment, details and details of the instant crime, etc., the sentence imposed by the lower court is deemed appropriate, and is too heavy or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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