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(영문) 광주지방법원 2017.10.17 2017노17
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The Defendant appears to have inflicted a minor injury on the victim and agreed with the victim of the injury, and there is no record of crime except for punishment as a fine by driving under drinking.

On the other hand, the Defendant’s assaulted a police officer called out while in time with another person immediately after he was investigated about the crime of injury, thereby hindering the performance of official duties and thus hindering the quality of the crime.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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