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(영문) 수원지방법원 2018.10.12 2018노5011
상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (four months of imprisonment) is too unhued and unreasonable.

2) The lower court’s punishment is too unreasonable.

2. The lower court sentenced the Defendant to four months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that are the conditions for sentencing in this Court, in particular, the sentencing of the court below exceeded the reasonable limits of discretion when considering the following factors: (a) the defendant repents his mistake; (b) the defendant has been punished for the same kind of crime on the other hand; (c) the degree of injury to the victim is not somewhat weak; (d) the victim has not agreed with the victim; and (e) the applicable sentences

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the sentence is too weak or unreasonable because it is too poor, even in light of the circumstances after the instant crime, the Defendant’s age, sex, family relationship, etc.

3. The appeal by the conclusion prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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