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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.08.24 2018노4250
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1 The defendant asserts that the lawsuit of this paragraph is unfair because it is too unafford in the punishment of the court below (a punishment of 10,000 won and a fine of 200,000 won), and the prosecutor asserts that the sentence of the court below is too unafford and unfair.

2. The circumstances favorable to the Defendant include the fact that the Defendant was in the first instance and all of his errors are recognized, and the Defendant’s health status is not good, etc.

On the other hand, the fact that the defendant had been punished several times due to the same type of crime of fraud and violence-related crimes, the defendant committed each of the crimes of this case during the repeated crime due to the obstruction of the performance of official duties, etc., and the fact that the defendant did not agree with the victims or was unable to recover damage is disadvantageous to the defendant.

It is difficult to view that the lower court’s punishment is too heavy or unreasonable in light of the above circumstances and other sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, environment, family relationship, motive for committing an offense, and circumstances after committing an offense.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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