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(영문) 인천지방법원 2015.05.28 2015노989

존속상해

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the reasons for appeal (eight months of imprisonment) by the court below, the prosecutor asserts that the prosecutor is too unhued and unfair, and the defendant asserts that it is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

In full view of the following circumstances: (a) the Defendant is led to confession and reflectiveness; (b) there was a history of having been punished several times due to violence; (c) while there was no history of having been punished in excess of a fine; and (d) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (c) the circumstances after the instant crime are considered as conditions for sentencing, the lower court’s punishment cannot be deemed to be excessively light or

3. If so, the appeal by the prosecutor and the defendant 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.