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(영문) 대구지방법원 2016.11.09 2016노3816
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (four months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the defendant and prosecutor, it is recognized that the defendant committed each of the crimes of this case on several occasions, including: (a) the defendant has been sentenced to a fine, a suspended sentence, and a suspended sentence on several occasions; and (b) the defendant committed each of the crimes of this case without being aware of the records of punishment for the same kind of crime during the suspended execution period; and (c) the previous criminal records of the suspended execution are related to the injury to B, the victim of this case; and (d) the form of each of the crimes of this case and the method of each of the crimes of this case, which are very very bad and bad, and

However, considering all of the sentencing conditions and the range of recommended sentencing guidelines for the enactment of the Sentencing Commission, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of each of the instant offenses, etc., the Defendant’s sentence imposed by the lower court is deemed appropriate, too heavy, or too unreasonable, in light of the fact that the degree of injury is not excessive, and the Defendant’s age, character and environment, and the motive, means and consequence of each of the instant offenses.

Therefore, each of the defendant and prosecutor's arguments is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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