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(영문) 의정부지방법원 2018.11.12 2018노2430
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

It is favorable for the defendant to recognize the crime of this case and reflect it, to endeavor for the recovery of damage, and to have no record of punishment for the same crime.

On the other hand, the crime of this case is an unfavorable circumstance, such as the fact that the crime of this case was committed by treating the victim who was in a relationship with the defendant harshly, and the nature of the crime was bad, the injury of the victim was serious, and the fact that the victim did not receive a letter from the victim

In addition, comprehensively taking account of the Defendant’s age, sex, environment, circumstances after the commission of the crime, and all the sentencing conditions as shown in the records and pleadings, the sentence imposed by the lower court was proper and the lower court’s judgment exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the defendant asserts that the sentence imposed by the court below is too unreasonable or unreasonable as the defendant asserts, the defendant and the prosecutor's argument of sentencing are all without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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