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(영문) 광주지방법원 2020.07.21 2020노1211
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (or imprisonment with prison labor for four months) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. Determination of the facts that the Defendant recognized the instant crime, the injury suffered by the victim seems to be relatively serious, or that there are more favorable circumstances, or that there are two criminal records of a fine for bodily injury to the Defendant, and the Defendant is under the period of repeated crime due to attempted robbery. On January 15, 2020, Gwangju District Court 2019Kadan2864 sentenced to a fine of KRW 4 million as an assault crime, and even before ten days have elapsed since he was sentenced to a fine of KRW 10,000,000 as an assault crime, it is disadvantageous to the victim, and the victim’s recovery of damage or did not agree with the victim.

There are no special circumstances or changes in circumstances that can be newly considered by this court, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's assertion are not accepted.

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