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(영문) 서울서부지방법원 2016.04.28 2015노1493
상해
Text

All appeals filed by prosecutors and Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant A on the grounds of the prosecutor’s appeal is too unfilled and unreasonable.

B. The grounds of appeal by Defendant B are as follows: (i) Defendant B is merely the fact that Defendant B was aware of the suspected identity of Defendant B at the time; and (ii) there was no injury to Defendant B as stated in the facts of the crime in the judgment below.

Shebly, even if the charge of this case is found guilty, the sentence of the court below (1.5 million won) is too unreasonable.

2. Determination

A. In full view of the following facts: (a) the Prosecutor’s grounds for appeal were examined; (b) the victim B appears to have induced the instant crime; and (c) the motive and circumstances of the instant crime were taken into account; and (d) the circumstances after the commission of the crime, including the Defendant A’s age, career, and sexual conduct; and (c) the sentencing conditions indicated in the arguments and records, the lower court’s sentence is deemed appropriate; and (d) the Prosecutor’

B. In full view of the evidence duly admitted and examined by the lower court as to the Defendant B’s allegation of mistake as to the grounds for appeal, Defendant B’s assertion of mistake as to the facts, and as such, it can be sufficiently recognized that Defendant B had inflicted bodily injury, such as flating A’s flat, and destroying A’s flat, as stated in the facts of the lower judgment, and that Defendant B

Next, in light of the following: (a) the Minister of Health and Welfare, the denial of the crime by Defendant B, and the exaggeration of only his damage; (b) Defendant B appears to have caused the instant case; and (c) there are several criminal records of violence; and (d) the conditions of the pleadings and the sentencing indicated in the records, such as the circumstances after the crime, Defendant B’s career, sexual conduct, etc., the sentence of the lower court is deemed appropriate.

Defendant

There is no reason for B’s unfair argument of sentencing.

3. In conclusion, the appeal filed by a prosecutor and Defendant B is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals filed by the prosecutor and Defendant B are without merit.

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