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(영문) 광주지방법원 2017.06.08 2017노1431

상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (six months of imprisonment) so long as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.

2. Each of the crimes of this case on board is a case where the defendant assaulted a female living together to inflict bodily injury 14 days prior to his/her living together, threatened him/her by raising his/her knife on his/her knife, and reported his/her life to the police by the victim and his/her knife his/her knife his/her knife on his/her knife, and reported his/her life to the police to conceal the crime, and the crime was extremely poor in light of the circumstances of the crime, contents, and methods, etc., and the defendant has exercised violence and verbal abuse continuously, and in particular, the victim has been using violence and verbal abuse, and the victim seems to have considerable mental shock and suffering. The alcohol concentration in the course of the crime of this case was considerably high at the time of driving alcohol, three times of fines due to drinking, seven times of criminal punishment due to violent crimes (one time of suspension of execution among them), and the victim did not comply with the terms and conditions of agreement with the victim.

However, the fact that the defendant's mistake is against the defendant, and the fact that the defendant additionally deposited 3 million won for the victim is more favorable.

In addition, in full view of the various sentencing conditions in the instant records and arguments, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too heavy, or it does not seem unfair as it is too low.

The grounds for each appeal are without merit.

3. As such, 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.