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(영문) 광주지방법원 2016.12.20 2016노1121
폭행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the Defendant asserts that it is too unreasonable for the lower court to impose a fine of KRW 200,00,000, while the Prosecutor appealed to the effect that it is too unhued and unreasonable.

2. The judgment defendant, while making a dispute with a neighbor, committed a contingent crime, and committed a relatively minor assault.

However, since the victim was issued a summary order of a fine of KRW 500,000 on the grounds that he/she committed an assault against the defendant in line with the defendant's assault, the court should consider mutual equity in determining the sentencing of the case.

In addition, considering the sentencing conditions in this case, such as the Defendant’s age, character, conduct and environment, the lower court’s punishment is within the reasonable scope of discretion and is not deemed as excessive or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair 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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