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(영문) 광주지방법원 2017.06.14 2016노4314
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering that the nature of the instant crime is very good, strict punishment against the Defendant is necessary.

However, taking into account the following circumstances: (a) the Defendant’s mistake was divided in depth; (b) the Defendant agreed with some victims; (c) the Defendant did not have any particular criminal record other than a fine once; and (d) the Defendant’s age, sex and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the Defendant and the prosecutor’s above assertion are too heavy or unreasonable. Therefore, all of them are groundless.

3. In conclusion, since the 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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