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(영문) 춘천지방법원 2014.11.26 2014노569

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. The judgment of the court below has an opportunity to reflect his mistake while the defendant is detained for more than six months due to the crime of this case; the defendant agreed with the victim E at the court below; the defendant deposited 4 million won for the victim I; the defendant deposited 3 million won additionally for the above I in the trial court; and the defendant did not have any record of sentence; circumstances favorable to the defendant; each of the crimes of this case is not less vulnerable to the above I in light of the type of crime and degree of damage; the defendant did not reach an agreement with the above I; there was no record of punishment until the trial; the defendant committed each of the crimes of this case not only several times due to the same crime but also the defendant committed each of the crimes of this case without being familiar with the above suspended sentence; there was no disadvantage for the defendant even if the defendant was sentenced to imprisonment with prison labor during the trial of the court below; the defendant's motive and circumstance leading to each of the crimes of this case; and there is no reason to believe that the defendant's punishment is too unfair or unreasonable, considering the records of the defendant.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.