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(영문) 청주지방법원 2017.05.25 2017노235
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 (eight months of imprisonment) is too unreasonable.

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

2. Circumstances favorable to the defendant are as follows.

The defendant confessions each of the crimes of this case in the trial of the political party, and is repenting.

The defendant agreed with the victim E of the crime of injury to paragraph (1) in the judgment below, and the victim does not want the punishment of the defendant, and the degree of injury suffered is not hot.

The degree of assault against the victim H in the crime of assault No. 2 of the judgment of the court below is minor.

Circumstances unfavorable to the defendant are as follows:

Without any reason, the Defendant inflicted an injury or assault on the victims.

After the Defendant was sentenced to 8 months of imprisonment with prison labor for the crime of bodily injury in 2013 and completed the execution of the sentence, the Defendant committed each of the instant crimes again during the period of repeated crime.

In addition, the defendant was sentenced to imprisonment for 6 months by obstructing the performance of official duties in around 2012 and was punished for violent crimes.

The Defendant did not reach an agreement with the victim H.

In addition, taking into account the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and theories, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too heavy or unreasonable.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, since the 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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