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(영문) 광주지방법원 2017.05.23 2016노1938

특수폭행등

Text

Defendant

All appeals filed by C and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C’s punishment is too unreasonable.

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

2. The Defendant agreed with the victim on the wrongful argument of sentencing by Defendant C.

However, in full view of all the circumstances, such as the degree and degree of the assault inflicted by the victim by the defendant, the degree of the injury inflicted by the victim, the records that the defendant was punished once as the same crime, and other circumstances that are conditions for sentencing, such as the defendant's age, sexual conduct, environment, circumstances of the crime, and circumstances after the crime, compared to the original judgment, the original judgment in this case where there is no change in circumstances concerning sentencing conditions in the court below compared with the original judgment, is only within the scope of reasonable discretion, and it is not recognized as unfair because it is too unreasonable.

3. The prosecutor's judgment on the prosecutor's improper assertion of sentencing against the defendant A, assaulting and threatening victims of dangerous articles, and resulting in the crime of injury again during the trial, and the nature of the crime is not weak.

However, the defendant recognized all of the crimes of this case, and agreed with each victim of special assault and bodily injury.

The defendant has long been sentenced to a suspended sentence of imprisonment for a long time with prison labor, and has no record of being punished for the same crime except for a fine on one occasion.

In addition, there is no change in circumstances concerning sentencing conditions in the trial compared with the original judgment.

In full view of all the circumstances, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, as mentioned in the instant records and arguments, the lower court’s punishment is only within the scope of reasonable discretion, and is unreasonable as it is too uneasible.