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(영문) 서울중앙지방법원 2017.03.10 2016노5226
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) No. 1 deliberation (unfair sentencing), the gist of the grounds for appeal by the defendant is too unreasonable because the defendant's appeal is too too unreasonable, and the prosecutor's grounds for appeal are too unfeasible and unfair.

2. We also examine the reasons for appeal by the defendant and the prosecutor.

In the instant case where there is no change in the sentencing conditions that may be specifically considered in the appellate trial, in full view of the various circumstances, including the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means, and consequence of the crime, the first instance judgment is difficult to deem that the Defendant’s sentencing is too heavy or unreasonable as it goes beyond the scope of the sentencing discretion, in light of the various circumstances indicated in the column for “reasons for sentencing”.

Therefore, the defendant and the prosecutor's argument are without merit.

3. If so, the appeal 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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