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(영문) 광주지방법원 2014.04.09 2014노490
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The fact that the defendant recognized his mistake and the victim's degree of injury is not much serious is favorable.

On the other hand, the defendant had been sentenced to imprisonment with prison labor for the same kind of crime and the crime of obstruction of performance of official duties on June 4, 2010 and sentenced to imprisonment with prison labor for six months on May 12, 201, and the execution of the sentence was completed on May 12, 2011, and the crime of this case is not good, and the defendant has several times of violence, and there is no agreement with the victim until this court, and the defendant has not been recovered from damage.

In addition, considering the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the sentencing conditions indicated in the instant records and arguments, it is deemed that the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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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