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(영문) 청주지방법원 2017.04.14 2017노196
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reasons for appeal are too unreasonable because of the punishment imposed by the court below (one year of imprisonment), and the prosecutor asserts that the above punishment is too unhued and unfair.

2. We examine the arguments of the Defendant and the Prosecutor.

The lower court seems to have determined the Defendant’s punishment by taking account of all favorable circumstances to the Defendant, such as the fact that the Defendant committed the instant crime and committed again during the period of repeated crime due to previous convictions, committed several times during the short period, and the degree of injury or interference with business, under the circumstances unfavorable to the Defendant, even though the Defendant had been punished several times, including three times of punishment due to the same type of crime, and that the Defendant was fully aware of all the instant crimes, and that the Defendant agreed with the victim of the instant crime as set forth in paragraph (1) of the judgment.

In addition, there is no such circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, and it is deemed unfair to maintain the sentencing of the lower court as it is.

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

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

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