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(영문) 광주지방법원 2016.11.15 2016노3288
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the other hand, the prosecutor appealed to the court below's decision that the defendant's punishment (eight months of imprisonment) is too unreasonable, while the prosecutor appealed to the court below's decision that it is too unhued and unreasonable.

(The prosecutor stated his opinion that the defendant should be punished by imprisonment with prison labor for two years). 2. The decision was made by the defendant that the defendant would agree with the victim.

On the other hand, as the defendant committed a repeated crime during the period of repeated crime, and the face face was reduced with a deadly weapon such as divers and divers, so the risk of the crime was very high.

In addition, considering the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, and environment, and the maximum range of statutory penalty applicable to the instant case is one year of imprisonment, the sentence of imprisonment for a period of eight months, determined by the lower court through discretionary mitigation, is within the reasonable sentencing range, and is not recognized as being too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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

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