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(영문) 서울서부지방법원 2016.08.18 2016노687
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the court below's punishment (eight months of imprisonment) is too unreasonable, and the prosecutor's appeal's reasoning is too unfluent and unfair.

The sentencing factors for the defendant are favorable to the defendant, such as the fact that the defendant both led to confession and reflects the crimes of this case.

On the other hand, the Defendant committed each of the instant crimes without being aware of the fact that he/she was sentenced to a suspended sentence of ten months for a crime of violation of the Narcotics Control Act on February 11, 2014 and was sentenced to a suspended sentence of three years for ten months on February 19, 2014, which became final and conclusive and conclusive on February 19, 2014. The Defendant has a history of being subject to multiple criminal punishment for the same type of crime, the degree of the instant injury is not easy, and there is no agreement with the victims.

In full view of the above circumstances and the Defendant’s age, sex, environment, and the circumstances and consequences of each of the instant crimes, as seen above, the lower court’s punishment against the Defendant is deemed appropriate, and thus, the Defendant and the Prosecutor’s assertion are without merit.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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