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(영문) 대전지방법원 2017.03.22 2017노11
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (a two-way imprisonment and a fine of one year and six months and 300,000 won) of the lower court is too heavy or unreasonable.

2. The fact that the defendant's mistake was recognized in the appellate trial and reflected in all of his mistake, that the victim N does not want the punishment against the defendant, and that the defendant's health status is not good is favorable.

However, the Defendant committed the instant crime without being aware of the fact that: (a) from September 2015 to July 2016, the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime, in addition to the three times of having been sentenced to a sentence of punishment due to the crime of violence and the violation of the Road Traffic Act (e.g., repeated interference with duties, assault, etc. against a large number of victims for about 11 months; and (b) the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she had been

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the above assertion by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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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