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(영문) 춘천지방법원 강릉지원 2015.10.22 2015노447
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (a two-way unreasonable sentencing)

A. The sentence of the lower court (five years of suspended execution for three years of imprisonment, three years of probation, and 200 hours of community service) is too unreasonable.

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

2. The fact that the defendant recognized all of the crimes of this case and reflected, and that the victim did not want the punishment of the defendant, and that the defendant would live together with the defendant is favorable.

On the other hand, the fact that the defendant was issued a decision to take ad hoc measures due to domestic violence against the victim, who again inflicted bodily injury on the victim, and that the defendant was punished due to violent crimes, is disadvantageous.

In full view of such circumstances and the Defendant’s age, character and conduct, environment, motive, means, and consequence of each of the instant crimes, etc., the lower court’s punishment cannot be deemed as excessively heavy or unreasonable, taking into account the following circumstances:

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

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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