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(영문) 인천지방법원 2018.09.21 2018노2392
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The Defendant, on the grounds of appeal, appealed to the lower court’s punishment (six months of imprisonment) so far as it is unreasonable, and the prosecutor appealed to the extent that the above punishment is too uneasible and unfair.

2. The Defendant, without being aware of the fact that he was punished several times as a crime of the same kind, committed the instant crime without being aware of the fact that he was punished, and there was no risk of recommitting the instant crime, and did not receive a written indictment from the victim D, the Defendant recognized all of the instant crime, the victim E does not want to be punished, and there is no special circumstance or change that can be newly considered in sentencing after the sentence of the lower judgment.

In addition, given that the Defendant’s age, sex, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing as shown in the instant records and arguments, such as the circumstances after the crime, are too heavy, or the Defendant’s and the Prosecutor’s assertion are not unfair because it is unjustifiable. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

3. All appeals filed by the Defendant and the Prosecutor are dismissed. It is so decided as per Disposition.

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