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(영문) 창원지방법원 2016.10.19 2016노1607
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, three years of suspended execution, three years of probation, and 80 hours of social service) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The defendant and the prosecutor's arguments are examined together.

The crime of this case is committed repeatedly on August 22, 2015, when the defendant was at the time of the victim F, and around two weeks. On November 5, 2015, the crime of this case is committed repeatedly, such as inflicting bodily injury on the 1st of November 5, 2015, causing violence to the 2nd of the 2015, damaging property, etc., and the nature of the crime is not good. The defendant again committed the crime of this case even though there are many records of punishment for the same crime, and the defendant did not reach an agreement with the victims.

On the other hand, the defendant recognized the crime of this case and reflected against the defendant, and the victims of the crime of this case do not seem to have been seriously injured during the crime of this case.

In full view of the above circumstances and other circumstances, including the background of the instant crime, the Defendant’s age, and the circumstances after the instant crime, etc., the sentence imposed by the lower court cannot be deemed too heavy or less.

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

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