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(영문) 의정부지방법원 2017.08.10 2017노1264
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (4 million won) imposed by the lower court on the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the defendant (4 million won) is too unhued and unfair.

2. It is recognized that the judgment of the defendant led to the confession and reflect of the crime, the degree of injury caused by the crime of this case is not much serious, and the defendant is a disabled person of Grade III with delay disability.

However, the crime of this case was committed on the ground that the victim's speech was heard, and the injury was inflicted on the ground that it was in harmony, and the nature of the crime is not good.

Until the trial of the party, damage caused by the crime of this case was not recovered.

The accused has been punished by imprisonment with prison labor for not less than five times, including the previous convictions.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too weak or unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the defendant's appeal and prosecutor's appeal are 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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