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(영문) 광주지방법원 2016.11.17 2016노2658

특수상해

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following facts are favorable to the Defendant.

The defendant is recognized as committing a crime and is against the law.

The degree of injury suffered by the victim is relatively minor.

The defendant does not want the punishment of the defendant by mutual consent with the victim.

On the other hand, the following is disadvantageous.

The crime of this case is a plastic paper containing a dangerous object, on the ground that the defendant refused to recover an empty disease by the victim who operates Maart, and the crime of this case is one of the most dangerous objects, and is committed because the victim's injury to the victim's losses is broken by an empty disease towards the face of the victim and the empty disease is broken.

The defendant has a record of criminal punishment not less than 20 times, which is committed against the same crime.

In addition, the crime of this case was committed during the period of repeated crime due to the same crime, and the crime of this case was committed two times during the period of repeated crime, and even if all were punished by a fine, the crime of this case was committed again.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is not deemed to be too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

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