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(영문) 전주지방법원 2016.12.01 2016노1098
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment, two years of suspended execution, two years of probation, and forty hours of order to attend violent therapy) is too unreasonable.

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. The conclusion that the Defendant recognized the instant crime, and that the Defendant agreed with the victim was in the first instance is favorable.

On the other hand, the Defendant appears to have expressed the attitude that he had exceeded the cause of the instant crime by repeatedly making statements that the Defendant had been unable to satisfy the victim’s complaint in this court. However, it is doubtful whether the Defendant violated the instant crime. The Defendant continued to assault the victim even though people speak at the time of the instant crime, and the Defendant has a record of having been punished several times including imprisonment with prison labor due to the same kind of crime.

In addition, considering all the sentencing conditions specified in the records and arguments of this case up to the trial of the defendant, such as the age, character and conduct, environment, means and result of the crime, and the situation before and after the crime, it is not recognized that the sentence of the court below is too minor or unreasonable.

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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