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(영문) 인천지방법원 2018.05.16 2018노216
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of suspended execution and protection observation for one year of imprisonment, 80 hours of community service order, and 40 hours of lectures for medical treatment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Taking into account the various sentencing conditions shown in the records and arguments of the instant judgment, even if considering the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is too heavy or too unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and the appeal is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, the "each National Health Insurance Act" of the first page 8 of the judgment below ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure is deleted, and the "the point of non-payment of insurance benefits" is added to "the point of non-payment of insurance benefits" of the second page 2 of the judgment below.

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