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(영문) 수원지방법원 2019.09.19 2019노3901
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case was committed on the ground that the defendant wanted to take a more drinking, and thus, assaulted the victim C without any particular reason to inflict an injury, and assaulted the victimJ, without any particular reason, and destroyed the property at the singing shop operated by the victim F. Meanwhile, thefted cellular phone and physical card, etc., and settled the drinking value, etc. using a stolen physical card at the singing shop operated by the victim Q Q. In light of the law and content of the crime, the crime was very poor in light of the method and content of the crime, and there are many criminal offenses against the defendant, and there are many criminal offenses against the crime of violence and fraud. In particular, the defendant was sentenced to a punishment of special injury, and five months have not passed since it was sentenced to a punishment for one year, and the defendant went to the crime of this case.

On the other hand, the fact that the defendant led to the crime of this case and reflects his mistake in depth, the injury suffered by the victim C is not serious, the defendant did not want the punishment of the above victims under the agreement with the victim C and M, and made efforts to recover damage by paying KRW 1.5 million to the victimJ.

In full view of the aforementioned circumstances and the equity of sentencing with cases of the same or similar nature as above, as well as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too heavy as alleged by the Defendant, or it cannot be deemed unfair because it is too unreasonable as it is alleged by the prosecutor.

Therefore, the defendant and the prosecutor's above assertion are not accepted.

3. Thus, the appeal by the defendant and the prosecutor is without merit.

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