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(영문) 광주지방법원 2017.10.18 2016노5039

상해

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A is too inappropriate.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Considering the fact that Defendant A committed the instant crime even though he had been tried for the same kind of crime at several times, and Defendant B committed the instant crime during the period of suspended execution due to the same crime, strict punishment against the Defendants is required.

However, considering the following factors: (a) the Defendants divided their mistakes; (b) the Defendants did not want to punish each other; (c) the developments of the instant case; (d) the extent of the Defendants’ injury; and (e) the Defendants’ age, sexual conduct and environment; (c) the motive, means and consequence of the instant crime; and (d) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the sentence imposed by the Defendants is too heavy or unreasonable; and therefore, (e)

3. As such, the appeal by Defendant A and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.