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(영문) 인천지방법원 2015.09.10 2015노2822
상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal (ten months of imprisonment), the prosecutor asserts that the punishment is too uneasible and unfair, and the defendant asserts that the punishment is too unreasonable.

2. On the grounds for appeal by the public prosecutor and the defendant, we examine together with the facts that the defendant led to confession, and agreed with the victim when the defendant was in the first instance, or that the victim was walking in four times or more on the same day, and thus, the method of the crime is excessive and dangerous, the degree of injury inflicted by the defendant is very serious, and that the defendant was punished once a fine is imposed, and six times a disposition without the right to institute a prosecution is disadvantageous, and thus, it is highly likely to repeat the crime of this case.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, the motive, means and method of the instant crime, and the circumstances after the crime, the lower court’s punishment against the Defendant is deemed appropriate, and it is not deemed that the Defendant is excessively heavy or light.

3. If so, the appeal by the prosecutor and the defendant 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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