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(영문) 수원지방법원 2016.12.09 2016노7319
특수상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.

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

2. In the judgment of the Defendant when it comes to the trial, the Defendant recognized the instant crime and reflects it, and the Defendant is more favorable to the fact that the victim does not want the punishment of the Defendant by mutual consent with the victim, and the degree of injury suffered by the victim is not much severe.

On the other hand, the defendant has the same criminal records for more than 20 times, and in particular, the defendant committed the crime of this case without being aware of it during the period of repeated crime due to the same crime.

In full view of the above circumstances and the defendant's age, environment, character and conduct, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the court below is deemed to be appropriate, and it is not determined that the sentence imposed by the defendant is too heavy or too unreasonable.

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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