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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.03.10 2016노8320
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reasons for appeal are too unreasonable because of the punishment sentenced by the court below (eight months of imprisonment), and the prosecutor asserts that it is too unfasible and unfair.

2. The circumstances favorable to the defendant include the fact that the defendant recognized his own crime and reflected his act, and that the defendant committed the crime of this case under the mental and physical weakness due to mental illness such as depression, etc.

On the other hand, the crime of this case is committed against the defendant, without any special reason, because it is not good to the nature of the crime, and there is no measure to recover the damage of the victim. The defendant has been punished several times for the same crime, and the defendant again committed the crime of this case during the period of repeated crime, which is two months or more, during which he was released from the crime.

The lower court appears to have determined the punishment by fully taking into account the circumstances favorable to the Defendant and unfavorable circumstances, and there is no change in circumstances that could reduce or increase the punishment of the lower court when it comes to the first instance trial.

In addition, considering the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment is too heavy or is deemed unreasonable.

3. In conclusion, each appeal by the defendant and the prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

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