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(영문) 광주지방법원 2017.10.11 2017노2800
특수상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In the first instance judgment, the Defendant’s confession of all of the instant crimes and reflects his mistake, and the Defendant agreed with the victim E and G in a smooth manner is favorable.

On the other hand, on November 19, 2015, the Defendant was sentenced to the suspension of the execution of six months of imprisonment by interference with business by the Seoul Northern District Court on the part of November 19, 2015, and the judgment became final and conclusive on November 27, 2015, and committed each of the crimes of this case without being aware of the fact that the Defendant committed the crime, and that the Defendant could have been punished for the same crime at a disadvantage.

In addition, when comprehensively taking into account the circumstances leading up to each of the crimes in this case, the circumstances after the crime, the Defendant’s environment, etc., and the various sentencing conditions indicated in the records and arguments in this case, the lower court’s punishment is too heavy or is deemed unfair. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

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

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