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(영문) 광주지방법원 2017.05.02 2017노487
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. Although the Defendant suffered a relatively serious injury to the victim, the victim was unable to recover the damage at all, and the victim wanted to be punished by a severe punishment.

In particular, even though the defendant was in the period of suspension of execution due to the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), he injured the victim.

On the other hand, when comprehensively considering all of the sentencing conditions indicated in the instant case, such as the fact that the Defendant was old, and the health condition is not good, the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too hot or unbrupted.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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