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(영문) 창원지방법원 2013.12.05 2013노1726
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant is too unaffortable that the punishment (4 million won of a fine) declared by the court below is too unaffortable, and the prosecutor asserts that the sentence imposed by the court below is too unaffortable and unfair.

2. We examine both parties’ assertion of unfair sentencing.

The Defendant, who takes a bath to the victim E (hereinafter referred to as "victim") and takes the face of the victim in drinking, is not good for committing a crime that inflicts an injury on the victim, such as brain-dead, etc. requiring treatment for about three weeks, and the Defendant, at the Seoul Central District Court on September 17, 2010, sentenced the Defendant to a suspended sentence of one year for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court, which was sentenced to a suspended sentence of three years on September 17, 201. On August 8, 2011, the Seoul Southern District Court sentenced the Defendant to a suspended sentence of ten months for a violation of the Act on the Control of Narcotics, etc. at the Seoul Southern District Court on November 25, 201, which became final and conclusive on November 25, 2011, and thereby, committed the instant crime against the Defendant.

On the other hand, the Defendant confessions and objects to the Defendant, and the crime of this case is committed first by threatening the Defendant with the autopsy, and the Defendant is also subject to violence from the victim for about three weeks, and the Defendant and the victim have suffered injury requiring approximately three weeks of medical treatment, the Defendant and the victim have reached a compromise and agreement in the original court between their friendships, and the fact that the Defendant has no same power, etc. are favorable to the Defendant.

In full view of the above circumstances, Defendant’s character and conduct, Defendant’s environment, and other various circumstances that form the conditions of sentencing as indicated in the instant pleadings, it cannot be deemed that the sentence imposed by the lower court is heavy or unreasonable. Therefore, the Defendant and prosecutor’s assertion of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit.

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