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(영문) 대구지방법원 2017.08.11 2017노305
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below on the defendant (4 million won in penalty) is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. The judgment prosecutor and the Defendant’s respective arguments about the sentencing together with each other, and the Defendant had a record of having been punished several times due to violent crimes, etc., and the Defendant was responsible for committing the instant crime during the period of repeated crime.

However, in full view of all the sentencing conditions in the records and arguments of the instant case, including the fact that the Defendant recognized the entire crime, the fact that the Defendant agreed smoothly with the victim, the extent of the Defendant’s assault and the degree of the injury inflicted on the victim, and the fact that the degree of the Defendant’s assault and the degree of the injury inflicted on the victim, and other factors, such as the Defendant’s age, sexual conduct, environment, circumstances leading to the crime, means and consequence, the circumstances after the crime, etc., the lower court’s sentencing

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, 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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