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(영문) 광주지방법원 2016.09.06 2016노301

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the other hand, the Defendant asserts that the Defendant is too unfasible and unfair against the summary of the grounds for appeal (a fine of seven million won) by the lower court, while the prosecutor appealeds each appeal by asserting that it is too unfasible and unreasonable.

(2) On the other hand, the prosecutor stated the opinion that the defendant should be punished by imprisonment with prison labor for a period of four months. 2. The fact that the defendant did not have been punished by the same kind of crime in the previous, only agreed with the victim of the injury, and that he paid 2 million won to the taxi driver who is punished by the problem of the taxi accident and made every effort to recover damage by the negligence is the factor for sentencing favorable to the defendant.

On the other hand, as the defendant did not pay taxi expenses without any special reason, the defendant interfered with the duties of the taxi engineer for a considerable period of time and injured two weeks on the inside of the police officer called out, and the criminal liability is a significant sentencing factor disadvantageous to the defendant.

In addition, considering the sentencing conditions in the instant case, such as the Defendant’s age, character, conduct and environment, the punishment determined by the lower court against the Defendant is not deemed to be too heavy or unreasonable because it is within the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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