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(영문) 의정부지방법원 2014.04.16 2013노2596

상해

Text

The appeal by the prosecutor and the defendant shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (one million won of fine) imposed on the Defendant by the lower court is too unhued and unreasonable.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. In light of the judgment, although the defendant was detained as a single criminal act during a repeated crime, he/she committed the crime of this case without being aware of the fact that he/she was detained as a separate criminal act during the repeated crime, and without being aware of the fact that he/she committed the crime of this case while being detained, the injury suffered by the victim seems to be relatively heavy, and even though he/she had been sentenced to a fine of one million won for the crime of injury in the medical prison on April 15, 2013, he/she again went to the crime of this case, he/she has been sentenced to a fine of one million won as a result of the crime of this case. However, there are circumstances unfavorable to the defendant, such as the defendant's confession of the crime of this case and statement that his/her mistake is divided in depth, the defendant seems to have suffered injury by contingency, the defendant has no record of punishment more than a suspended sentence for the same crime, the victim's age, character and behavior, intelligence and environment, motive, means and consequence of the crime of this case, the relationship with the victim and family relationship, etc.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the prosecutor and the defendant are without merit.