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(영문) 수원지방법원 2018.11.07 2018노5570
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is too unreasonable due to the defendant's punishment (one year of imprisonment with prison labor) of the court below, and the prosecutor asserts that it is too unfied and unfair.

2. The following are circumstances that are favorable to the Defendant: (a) the Defendant reflects the crime; (b) the victims of the crime in the 2018 Highest 576 cases and 2018 Highest 618 Highest 618 Highest 773 cases; and (c) the Defendant’s vehicle at the time of the crime in the 2018 Highest 773 Highest 2018 Highest 773 cases; (b) the quality of the crime is not good in light of the circumstances favorable to the Defendant; and (c) the Defendant committed each of the crimes in this case during the suspension period of the execution of imprisonment with prison labor, even if there were several penalties for the same type of crime; and (d) in particular, the crime in the 2018 Highest 773 Highest 2018

When comprehensively considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s health, occupation, family relation, age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime before and after the crime, etc., the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion, and there is no change in special circumstances that can be assessed differently from the sentencing conditions of the lower court until the trial at the time, and thus, it is difficult to view that the lower court’s punishment is too heavy or unreasonable.

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

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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