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(영문) 서울중앙지방법원 2016.12.16 2016노3848

상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Regarding the summary of the grounds for appeal (e.g., imprisonment with prison labor) sentenced by the first instance court, the Defendant asserts that the above sentence is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. In the instant case where there is no particular change in the sentencing conditions that may be considered to the Defendant for the first time in the appellate trial, the first instance court cannot be deemed to be too heavy or unreasonable because it goes beyond the scope of the sentencing discretion imposed by the first instance court, in full view of the various circumstances indicated in the “reasons for sentencing” column, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, all appeals filed by the defendant and the prosecutor are dismissed.