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(영문) 전주지방법원 2015.10.23 2015노1031

상해등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant with two cautions in light of the following: (a) the Defendant, who was frightened from a mountain route, frightened to the victim C without any justifiable reason; (b) frightened the victim’s cokes; and (c) was at risk of criminal punishment as a result, the Defendant demanded agreement from the above victim; and (d) threatened the victim’s family members with the risk of criminal punishment; and (b) the victim G refused to lend KRW 10,00,00,000 from floths of the above victim; (c) the crime of this case was committed with two cautions in light of the background, motive, content, etc. of the crime; (d) the nature of the crime was very poor in light of the crime; and (e) the Defendant had the history of criminal punishment several times due to violent crimes.

On the other hand, however, it is recognized that the defendant led to the confession of the crime of this case and reflects the mistake, the defendant agreed with the victim G, and the defendant deposited KRW 1.5 million in the court for the victim C, etc. It is also reasonable to consider the defendant favorable to the defendant. In light of all of the above circumstances and all of the sentencing conditions in the argument of this case, including the defendant's age, character and conduct, family environment, the court below's punishment is not too somewhat somewhat somewhat weak or unreasonable. Thus, the prosecutor and the defendant's assertion are rejected.

3. If so, the appeal by the prosecutor and the defendant 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.