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(영문) 청주지방법원 2018.04.19 2017노1483

상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant is too unreasonable. The lower court’s punishment (7 million won) is too unreasonable.

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

2. The circumstances unfavorable to the defendant are as follows.

The crime of this case is a case where the defendant, as a drinking, took the face and head of the victim several times, and the victim's chest, clothes, etc. even though the victim exceeded the floor, causing the victim to suffer a bodily injury that requires a three-day medical treatment, and the crime is not a case where the nature of the crime is light.

Since there is no agreement with the injured party, the injured party wishes to punish the accused.

The conditions favorable to the defendant shall be as follows:

In the past, the Defendant was committing the crime of this case, and the Defendant was committed against himself.

There is no record of crime that has been sentenced to a fine heavier than a fine.

The degree of injury caused by the instant crime is relatively minor.

In addition, when considering the various sentencing factors indicated in the records of the instant case, such as the Defendant’s age, sex, health conditions, and the circumstances after the commission of the crime, the lower court’s sentencing is too heavy or is deemed to have exceeded the reasonable scope of discretion, and thus, the Defendant and the Prosecutor’s argument in the sentencing is not acceptable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.