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(영문) 대전지방법원 2017.11.15 2017노1673
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too heavy or unreasonable.

2. The judgment that the Defendant recognized the instant crime, against whom the Defendant reflected, agreed with the victim, and the degree of injury of the victim is relatively heavy.

It is not visible, and there is no record that the defendant has been punished in excess of the fine.

However, the crime of this case was committed by the defendant who has inflicted an injury upon the defendant by drinking the face of the victim, and the nature of the crime is minor.

It can not be seen, and the defendant has a record of being punished by a fine several times due to the same crime, etc. is disadvantageous.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, 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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