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(영문) 광주지방법원 2018.12.19 2018노1002 (1)
폭력행위등처벌에관한법률위반(상습상해)등
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 (the penalty of KRW 10 million) is too unreasonable.

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

2. Determination is based on the following facts: (a) the Defendant recognized the instant crime and reflects the Defendant; (b) expressed his intent that the victim of the instant insurance fraud would not want the punishment; and (c) the Defendant has no profit gained by the instant crime.

However, the fact that the Defendant committed the instant crime without being aware of a repeated crime during the period of repeated crime, and that it appears that he did not contribute to the recovery of damage, etc. is disadvantageous to the Defendant. In full view of the fact that there is no particular change in the sentencing conditions compared to the lower court, and other various sentencing conditions in the instant pleadings, such as the Defendant’s age, sex, environment, etc., the lower court’s punishment is too heavy or unreasonable, and thus, each of the above arguments by the Defendant and the prosecutor are without merit.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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