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(영문) 대전지방법원 2017.02.15 2016노3434
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment) by the lower court is too heavy or unhued so that it can be deemed unreasonable;

2. Determination is recognized as favorable circumstances, such as the fact that the Defendant appears to have committed the instant crime contingently with the victim, that the Defendant recognized the instant crime and commits a mistake, and deposited eight million won for the victim, and that the Defendant’s family members want to take the Defendant’s preference.

However, according to the circumstances such as: (a) the Defendant committed the instant crime under the custody of the Defendant in prison and committed the act of self-harming himself; (b) the degree of injury suffered by the victim; (c) the victim wants to punish the Defendant; (d) the Defendant has a majority of the records of the same and different crimes; and (e) the Defendant was subject to disciplinary action of 21 days by committing a violation under the custody of the Defendant as a result of the instant crime.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, 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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