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(영문) 광주지방법원 2016.11.29 2016노2640
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (1.5 million won of fine, 8 months of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable and unfair, while the prosecutor appealeds each of the grounds for appeal by asserting that it is too unreasonable.

2. The judgment of the court below committed the crime of this case even though the majority of the defendants had been punished for violent crimes, and in particular, the crime of paragraph 2 of the judgment of the court below is committed using a knife, which is a dangerous object, and the method of the crime may be a serious threat to the life and body. It is very dangerous that the crime of this case may not be committed in the same kind without being aware of it even during the suspension period

On the other hand, the degree of injury of the victims due to the injury requiring two weeks of medical treatment is relatively minor, and the defendant agreed with all victims of the instant crime. On November 14, 2014, the crime of injury and the crime under paragraph (1) of the judgment of the court below, which became final and conclusive on November 14, 2014, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should be imposed in consideration of equity in cases where these crimes are adjudicated at the same time

In addition, comprehensively taking account of the Defendant’s age, character and conduct, circumstances after crimes, etc. and all the sentencing conditions indicated in the instant records and arguments, the Defendant and the Prosecutor’s allegation of unfair sentencing is difficult

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and 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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