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(영문) 대전지방법원 2018.05.25 2018노622
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (an amount of KRW 4 million) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment and the sentencing of the lower court does not deviate from the scope of reasonable discretion, it is desirable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account various circumstances regarding the sentencing of the Defendant into account, and there is no circumstance to newly consider the sentencing in the first instance trial.

Considering the circumstances in which the defendant and the prosecutor claims on the grounds of appeal, it is not recognized that the sentence of the court below is too heavy or unreasonable.

The defendant and the prosecutor's argument of sentencing is not accepted.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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