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(영문) 광주지방법원 2021.02.04 2020노2895
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both claims of the judgment.

The fact that the victims of the instant crime are several victims, did not receive a letter from the victims, that the Defendant was punished for the same kind of crime several times, and that the Defendant again committed the instant crime despite the fact that he/she had been sentenced to imprisonment with prison labor, and that the Defendant was not even able to live after being detained in the instant case, is disadvantageous to the Defendant.

On the other hand, the fact that it appears that the form of assault or the degree of injury of the crime of this case is not serious is favorable to the defendant.

In addition, in full view of the factors revealed in the course of the pleadings of the instant case, such as the Defendant’s age, sexual conduct, motive for the crime, and circumstances after the crime, the lower court’s punishment was too heavy or imprisoned and exceeded the reasonable scope of discretion.

It does not appear.

Therefore, both of them do not accept the argument of unfair sentencing.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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