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(영문) 수원지방법원 2017.09.21 2017노3316

상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (five million won in penalty) is too unreasonable.

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

2. We also examine each of the judgment and prosecutor’s unfair sentencing cases.

This case is a case in which the defendant prices the previous head, face, and appearance of the previous wife in the street without discrimination, and thereby causes the defendant's arms, legs, face, face, and so on. The defendant's appearance is not less than that of the victim, and the crime of this case is considerably poor. The defendant has been punished several times for the same crime, and the defendant committed the crime of this case again during the period of repeated crime due to the same crime, and there is a question as to whether his mistake is against the truth.

On the other hand, the fact that the defendant fully acknowledges the crime, and that the victim does not punish the defendant by agreement with the victim is favorable to the defendant.

As above, the lower court appears to have determined the sentence in consideration of various favorable and unfavorable circumstances to the Defendant, and there is no special change to the extent that it is considered in sentencing in the past.

In addition, comprehensively taking into account all the sentencing conditions indicated in the records of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it is difficult to see that the sentencing of the court below is too heavy or it is unfair because it is frighten. Therefore, each of the above arguments by the defendant and the prosecutor

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