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(영문) 대전지방법원 2018.06.22 2017노3146
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. It is desirable to respect the sentencing conditions compared to the judgment of the court below where there is no change in the conditions of sentencing, and where the sentencing of the court below does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The defendant has a number of same criminal records (i.e., punishment 10 times, suspension of the execution of imprisonment, one time, and one time). The defendant has a number of criminal records of the same kind of crime (i.e., punishment). It is disadvantageous circumstances that the damage has not been recovered, and the victim is deemed to have a considerable responsibility for the occurrence of the crime, such as the victim’s s/he takes a trial expense or her s/he has a son. The defendant also suffers an injury due to an assault by the victim,

In addition to these circumstances, no particular change in circumstances can be found in the sentencing conditions after the sentence of the lower judgment. In full view of the Defendant’s age, sex, family relation, health status, motive and circumstance of the crime, and all the sentencing factors indicated in the instant records and arguments, the sentence imposed by the lower court is too heavy or unreasonable.

The argument that the sentencing of the defendant and the prosecutor is unfair is all rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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