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(영문) 광주지방법원 2016.09.01 2016노1343
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (three years of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

In this case, the Defendant’s crime of intrusion upon the same victim’s residence or assaulting the victim several times, and the Defendant planned to commit the crime by preparing deadly weapons, such as hackers, kack the victim for six hours in advance, and inflict bodily injury upon the victim’s head when the victim was deprived of the victim’s personal belongings. The crime committed is very bad in light of the method and form of the crime, the risk of serious consequences, the risk of repeated consequences, the repeated crime committed against the same victim, and the shock and fear of the victim by the Defendant’s crime.

There was no agreement with the victim.

The defendant has a record of criminal punishment of 29 times as well as criminal punishment (including fine and suspension of execution) on two occasions with special larceny and violence crimes.

On the other hand, the following conditions are favorable.

The defendant seems to have led to the confession and reflect on the crime.

For the victim in the trial, 3 million won was deposited for the victim and efforts were made to recover the damage.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, etc., as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is not deemed too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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