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(영문) 광주지방법원 2017.04.18 2017노336
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The Defendant did not completely recover from the damage caused by the instant crime, and the victim wanted to be punished by the Defendant.

In addition, even though the Defendant was sentenced to a fine for violation of the Punishment of Violences, etc. Act (joint injury) on May 17, 2016, the Defendant committed the instant crime only for two months. Meanwhile, in full view of the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions in the instant case, such as the Defendant’s age, sexual behavior, environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to deem that it is too heavy or unreasonable.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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