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(영문) 수원지방법원 2018.05.16 2017노7291
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On October 18, 2017, the Defendant was served with a notice of receipt of the record of trial by this court, but failed to submit a statement of reason for appeal within the period for submission of a legitimate reason for appeal. On September 21, 2017, the Defendant submitted a petition of appeal by the Defendant on September 21, 2017, without stating the reason for appeal, and there is no reason for ex officio investigation even upon examining the record.

2. Determination on the prosecutor’s appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

B. In light of the fact that the defendant committed the instant crime even though he/she was guilty of violence, the nature of the crime is heavy.

However, in light of the fact that the degree of injury to the victim is relatively not much severe, and that all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, the background and result of the instant crime, and the circumstances after the instant crime, etc., the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. The defendant's appeal shall be dismissed in accordance with a decision under Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is ruled as above, the defendant's appeal shall be dismissed together with a decision. It is so decided as per Disposition.

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