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(영문) 수원지방법원 2017.02.03 2016노7296
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

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

2. The sentencing conditions favorable to the Defendant are the following: (a) the Defendant recognized the entire crime of this case as well as the Defendant’s acknowledgement of all of the crime of this case; (b) the Defendant agreed with the victim of fraud and interference with business affairs; and (c) the Defendant has no record of having been sentenced to punishment prior to

Meanwhile, the crime of this case is a condition for sentencing unfavorable to the defendant, including the following: (a) the defendant has inflicted bodily injury on another person; (b) the defendant insultings a police officer, or obstructed the performance of official duties; (c) the defendant committed each of the crimes of this case even prior to the crime of this case, even though he had the record of criminal punishment due to a crime of violence and obstruction in the performance of official duties; (d) the defendant was prosecuted for a crime of this case and was under trial on December 31, 2015; (b) the defendant committed the remaining crimes without being aware of it; and (c) the defendant did not reach an agreement with some victims up to the depth of the party.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, family relationship, and circumstances after the commission of the crime, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant, his defense counsel, and the prosecutor’s respective arguments regarding the above sentencing are not acceptable.

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