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(영문) 수원지방법원 2016.11.25 2016노6787
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The following facts are that the Defendant had previously been punished for the same kind of crime even before, and that the victim suffered injury, such as cage cages that require treatment for about eight weeks, and that the nature of the crime is not good, that the degree of injury of the victim not only is minor, but also that the Defendant did not agree with the victim or endeavor to recover from the damage until the trial.

However, in light of all other circumstances, including Defendant’s age, character and conduct, intelligence and environment, motive and background, means, method and consequence of the crime, criminal records, and circumstances before and after the crime, etc., it is not recognized that the sentence imposed by the court below is reasonable, and that the sentence imposed by the defendant is too heavy or too unreasonable, taking into account the following factors: (a) the Defendant’s confession of the crime of this case and reflects his mistake; (b) there is no specific punishment power except for the Defendant’s punishment once; and (c) the victim appears to have committed a somewhat contingent crime at the time of this case; (d) the Defendant appears to have no sufficient force to agree with the victim on the ground that he lives together with his family; and (e) there is no special reason to change the sentence imposed by the court below for the reason that the reason for sentencing is reasonable and that there is no other special reason to change the sentence imposed by the court below.

Therefore, each of the above unfair sentencing arguments by the defendant, his defense counsel, and prosecutor is rejected.

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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