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(영문) 광주지방법원 2017.08.23 2017노778

상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (2 million won) is too unreasonable.

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

2. Determination is a favorable condition that the Defendant led to the confession of the instant crime and reflects his/her mistake, and that the degree of injury suffered by the victim is not much serious.

On the other hand, the fact that the defendant did not agree with the victim up to the trial of the party, and that the defendant can have been punished for the same kind of crime, etc. is disadvantageous.

In addition, if the court below’s punishment is too heavy or unfasible, considering the various sentencing conditions indicated in the records and theories of this case, including the fact that there are no special circumstances or changes in circumstances that can be considered newly after the sentence of the court below, the defendant and the prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.