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(영문) 광주지방법원 2016.04.12 2016노406
상해등
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 (four months of imprisonment) is too unreasonable.

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

2. The defendant's age is different, and the defendant has no same criminal history.

However, even though the victim suffered from the injury of 6 weeks of care, he did not receive any substantial compensation until now.

When considering the fact that the injured party is trying to punish the accused, it is inevitable to punish the accused.

In addition, considering the fact that the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, and circumstances leading to the commission of the crime, and the highest recommended sentence on the crime of injury as shown in the sentencing guidelines, are four months of imprisonment (finite crime/general injury/general injury), the punishment determined by the court below against the Defendant is too heavy within the appropriate sentencing range as the lowest limit of the sentencing guidelines, and is not deemed unfair or unfair.

Therefore, the defendant and prosecutor's argument of sentencing is without merit.

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

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