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(영문) 광주지방법원 2019.08.13 2019노1326
상해
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 (six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The fact that the Defendant recognized the instant crime and agreed with the victim are favorable circumstances.

On the other hand, the fact that the defendant was sentenced to criminal records of the same kind, including punishment, and that the defendant committed the crime of this case in prison while the sentence is being executed, and that the degree of injury of the victim is not easy.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances surrounding the crime, and various sentencing conditions as shown in the records and arguments of this case, it is not deemed that the lower court’s punishment is too heavy or unreasonable.

Defendant

We do not accept the prosecutor's assertion.

3. The appeal 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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