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(영문) 서울동부지방법원 2020.11.26 2020노1179
상해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal is that the court below’s punishment (six months of imprisonment) is too excessive, and the prosecutor asserts that the sentence of the court below is too unfased and unreasonable.

2. The fact that the defendant recognized the instant crime in the trial and reflected in the judgment is favorable to the defendant.

On the other hand, the crime of this case is disadvantageous to the defendant, such as the fact that the defendant has inflicted bodily injury on the victim several times over a considerable period of time and the nature of the crime is not very good, that there is no agreement with the victim, and that there is a history of punishment for the same crime.

In addition, comprehensively taking account of the grounds for sentencing indicated in the arguments and records of the instant case, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various grounds for sentencing asserted by the Defendant and the Prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. As such, 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.

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