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(영문) 광주지방법원 2016.07.12 2015노3534
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the Defendant alleged that the Defendant was too unfasible and unfair, while the prosecutor appealeded against each other by asserting that it is too unfasible and unfair.

2. Determination is an element of sentencing favorable to the Defendant that the Defendant agreed to pay one million won to the victim and that the injured party does not want to punish the Defendant, but does not focus on the degree of damage due to the light climatic salt, etc. of two weeks prior to the climatic value.

However, although the defendant had the same history of force 18 times and had been punished by a fine for an injury, etc. within the last two years, he/she again inflicted injury upon the victim without any particular reason. Therefore, the defendant seems to have been in a repetitive crime of violence, and there is a high possibility of criticism against the defendant.

In addition to the above circumstances, considering the sentencing conditions in this case, such as the Defendant’s age, sex, and environment, the punishment determined by the lower court against the Defendant is within the proper scope of sentencing, and is not deemed unfair because it is too heavy or unbrupted.

Therefore, the defendant and prosecutor's argument of sentencing is without merit.

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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