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(영문) 수원지방법원 2017.05.12 2016노7382
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of the circumstances favorable to the Defendant, the Defendant’s age, sex, environment, and social ties, such as the fact that the Defendant did not seem to have made efforts to recover the victim’s damage, the fact that the Defendant was punished for the same kind of crime, etc., and the fact that the Defendant had no criminal record exceeding the fine, and the degree of the victim’s injury is relatively less and less and the Defendant suffered injury due to the victim’s assault, etc., the sentence imposed by the lower court against the Defendant was proper and the sentencing of the lower court is too heavy, or excessive and excessive, and thus, exceeded the reasonable scope of discretion.

It does not seem that it does not appear.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

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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