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(영문) 의정부지방법원 2018.10.08 2018노1740
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant's defense counsel on July 16, 2018 asserted that the defendant had a mental and physical weak condition at the time of committing each of the crimes of this case on the grounds of appeal by the defendant's defense counsel on July 16, 2018. However, the defendant withdrawn the above argument on the date of the first trial of the trial of the first instance

A. The sentence of the lower court (unfair sentencing) is too unreasonable because it is too unreasonable for the Defendant (eight months of imprisonment) to be sentenced.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

The fact that all of the crimes of this case are recognized by the defendant, the victim L and the victim do not want the punishment against the defendant, and the fact that the above victim should consider the equality between the case and the case of the judgment at the same time as the crime of injury entered in the judgment of the court below is favorable.

On the other hand, the fact that the defendant committed each of the crimes of this case without being aware of the fact that he was punished for the same kind of crime, even though he was in the period of repeated crime due to the crime of injury, he did not receive any tolerance from the victim F, H, and I, and that he did not recover the damage.

In addition, in full view of all the conditions of sentencing as shown in the records and arguments of this case, including the Defendant’s age, sex, environment, health condition, circumstances after the commission of the crime, etc., the sentence imposed by the lower court was proper and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the defendant asserts that the sentence imposed by the court below is too unreasonable or unreasonable as the defendant asserts, the defendant and the prosecutor's argument of sentencing are all without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and thus, the Criminal Procedure Act is applicable.

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