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(영문) 광주지방법원 2017.01.11 2016노1823

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of probation, two years of probation, two hundred hours of community service order) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In light of the details and methods of the instant crime, there is no good nature of the crime, and the Defendant agreed with the victims or did not take any particular measures to recover damage until the trial of the party, and the Defendant has a record of having been punished several times for the same crime.

On the other hand, it is advantageous to the fact that the defendant properly recognizes and reflects his mistake, and the degree of violence by the defendant or the injury suffered by the victim E is not much serious.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too heavy, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, 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.