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(영문) 광주지방법원 2016.10.27 2016노2466
상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The Defendant committed the instant crime without being aware of the fact that he was during the period of repeated crime.

The elderly victims are victims and the degree of injury suffered is serious.

The defendant has a record of criminal punishment for the same crime several times.

On the other hand, the following conditions are favorable.

Although the Defendant partially denied the facts of the crime in the lower court, the Defendant recognized the whole of the crimes in the first instance.

In this case, the victim does not want to be punished for the defendant by mutual consent with the victim after being investigated by the investigative agency.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is not deemed to be too weak or unreasonable, and the prosecutor and the Defendant’s above assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and 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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