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(영문) 광주지방법원 2018.01.18 2017노1424
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (7 million won in penalty) so far as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too uneased and unfair.

2. In full view of the circumstances, such as the fact that the nature of the crime in this case was considerably poor in light of the applicable laws and contents of the crime in this case, the fact that the Defendant committed the crime in this case during the period of repeated crime of the same kind, etc., the Defendant’s mistake is against the Defendant, the Defendant’s mistake is against the Defendant, the victim’s intent to resist the Defendant, and other favorable circumstances, such as the Defendant’s age, sex behavior, environment, family relationship, circumstances, circumstances after the crime, and the result of the sentencing investigation by the court of the original instance, etc., it does not seem that the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by both 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.

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