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(영문) 창원지방법원 2014.04.24 2013노2266
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (two years of suspended sentence in August) is too unreasonable.

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

2. In the process of the judgment, there are some circumstances to consider the circumstances such as when the defendant turns 1 with the victim, the defendant deposited 10 million won for the victim, and the fact that the defendant has no record of punishment for the same kind of crime is favorable to the defendant.

However, considering the fact that the degree of injury of the victim is serious, and the fact that the victim wants to punish the defendant, etc. that is disadvantageous to the defendant, there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment, and considering the following circumstances, comprehensively taking into account the defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence of the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's assertion are not accepted.

3. The appeal filed by the defendant and the prosecutor with the conclusion are all dismissed. It is so decided as per Disposition.

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