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(영문) 광주지방법원 2016.06.29 2016노1148
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 (one year of imprisonment) is too unreasonable.

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

2. The judgment of the defendant is not a good crime because he unilaterally inflicts an injury on the victim F, who has difficulty with the movement of the second half due to the elderly victim E or the character disease even though the defendant was in the flood.

The degree of damage to victims caused by the instant crime is not easy.

Victim E wishes to punish the defendant.

This is disadvantageous to the defendant.

On the other hand, the defendant has been imprisoned in depth and reflects his wrongness.

Victim F does not want to punish the defendant.

The defendant seems to have heard the victim's insulting speech and dispute, and has reached a contingent crime of this case.

This is the circumstances favorable to the defendant.

In addition, in full view of the following facts: (a) there is no special circumstance or change of circumstances that may be newly considered in sentencing after the sentence of the lower judgment; (b) the background of the instant crime; (c) the circumstances after the instant crime was committed; (d) the Defendant’s age; and (e) various sentencing conditions as shown in the argument in the instant case; and (e) the scope of the recommended punishment according to the sentencing guidelines set by the Supreme Court Sentencing Committee, the lower court’s punishment is too heavy or unreasonable

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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