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(영문) 창원지방법원 2017.11.02 2017노1976
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a punishment of KRW 3 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. There are extenuating circumstances such as: (a) the recognition of and reflects on the crime by the Defendant; (b) the degree of injury by the victim is not much serious; and (c) the instant crime committed by the Defendant was committed with the victim while engaging in mutual bath with the victim; (b) the Defendant’s health status is not good; and (c) the Defendant supports the adoptive parent of the aged.

On the other hand, the defendant has been sentenced to a fine once due to the crime of violence, the crime of fine and damage to public goods, etc., and the fact that the defendant found a tax-related lawsuit by the tax accounting corporation where the victim works, and when the victim scams several times, the nature of the crime is not good, and that there is no agreement with the victim, etc. are disadvantageous to the defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and various conditions of sentencing as shown in the instant records and pleadings, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, 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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