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(영문) 춘천지방법원 강릉지원 2015.04.16 2015노75
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The circumstances favorable to the defendant are that the victim submitted a written application seeking the Defendant’s preference while expressing his/her intention not to have the Defendant punished from the original judgment to the trial.

On the other hand, there was a fact that the defendant was punished several times for the same crime, and among them, five times of punishment including imprisonment with prison labor for the victim of the crime of this case, and again commits the crime of this case during the repeated crime period. The degree and degree of assault and bodily injury to the victim are serious and the victim seems to have suffered considerable physical and mental pain, which is disadvantageous to the defendant.

In full view of such circumstances and the motive and circumstance of the instant crime, means and result, relationship between the Defendant and the victim, age, character and conduct, family environment, etc., the sentence imposed by the lower court is too minor or unreasonable. Thus, each of the allegation of unfair sentencing by the Defendant and the prosecutor is without merit.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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