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(영문) 수원지방법원 2016.09.09 2016노4317

상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (4 months of imprisonment) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

2. A favorable circumstance is that it appears that the mental illness of which the defendant suffered from a mental disease appears to have caused a crime.

However, without any particular reason, the victim did not seriously endeavor to recover from damage even though the degree of injury is not less severe, the victim is punished by the defendant, the same criminal record is four times, and the criminal record of imprisonment is more severe than that of imprisonment.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and all the sentencing conditions indicated in the previous theories, it cannot be deemed that the lower court's punishment is too excessive or too heavy and unfair.

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

3. The appeal filed by the Defendant 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.