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(영문) 광주지방법원 2016.07.14 2016노1007

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

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

2. The following determination is an unfavorable circumstance to the Defendant.

It is possible for the defendant to commit the crime of this case, including the punishment, without being involved in the repeated crime of the same kind.

The defendant was unable to receive a letter from the injured party, and the circumstances after the crime are not good, such as not attending the court of the court below.

On the other hand, the following conditions are favorable.

The defendant is likely to reflect his mistake and not to repeat the crime.

There are many things.

Efforts have been made to reach an agreement with victims.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and other various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too heavy or it is not deemed unfair as it is too low. As such, the Defendant and the Prosecutor’s assertion are without merit.

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