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(영문) 인천지방법원 2016.12.02 2016노4165
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (six months of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

On the other hand, each of the crimes of this case committed by the defendant without any particular reason by exercising excessive violence against victims who do not have a common sense and the nature of the crime is very poor, the victim's injury is not weak, the defendant does not seem to have made any effort to recover damage, and there are records of criminal punishment or juvenile protective disposition several times for violent crimes, which are disadvantageous to the defendant. In addition, considering all the sentencing conditions of this case as shown in the arguments of this case such as the defendant's age, character, environment, family relation, motive and motive of the crime, degree of participation in the crime, equality in punishment among accomplices, and circumstances after the crime, etc., the punishment conditions of this case should be considered as appropriate, too heavy or unfair.

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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