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(영문) 광주지방법원 2016.06.15 2015노3075
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. Determination is a favorable condition that the Defendant recognized his or her mistake and reflects it, the degree of injury suffered by the victim is relatively not much serious, and the agreement with the victim is reached.

On the other hand, the court below seems to have determined the punishment in consideration of such favorable circumstances, and there is no change in circumstances that may be considered newly after the decision of the court below, the defendant has been punished several times for the same kind of crime, and the defendant has committed the crime of this case again even though he was under suspended execution for 8 months after being sentenced to a two-year suspended sentence for embezzlement from the pure Branch of the Gwangju District Court on September 5, 2013.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable. As such, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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