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(영문) 대전지방법원 2017.02.02 2016노3516
상해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (6 months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. Although the fact that there is no particular criminal history for the Defendant, etc., in favor of the Defendant, it appears that there is no change of circumstances in relation to the recovery of damage in relation to the victim after the pronouncement of the lower judgment, etc., in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the lower court’s punishment is too heavy or unbrupted and unfair, and thus, the Defendant and the prosecutor’s allegation of unfair sentencing is groundless

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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