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(영문) 대구지방법원 2016.11.18 2016노3879
상습상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The 10-month imprisonment sentenced by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Regarding the argument of unfair sentencing by the defendant and prosecutor, there are favorable circumstances such as the defendant's agreement with the victim or his bereaved family members or did not take any particular measures to recover damage until the court below rendered a judgment, the defendant has been subject to criminal punishment twice a suspended sentence due to the same violent crime and 20 times a fine due to the same violent crime, and the defendant committed the crime of this case at all times without being aware of it, even though he was given a prior notice of a fine during the suspended execution period due to the same violent crime, and the defendant committed the crime of this case at all times without being aware of it, and the defendant recognized the facts charged of this case and reflects his mistake in depth. The defendant's act of this case itself goes beyond the victim's shoulder, and it does not seem that the degree of exercising such violence is significant, and there is no special change of circumstances to change the punishment of the court below after the sentence of the court below, and there is no reason to regard the defendant's age, character and conduct, family relationship, and circumstances after the crime of this case.

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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