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(영문) 광주지방법원 2017.08.17 2017노2384
폭행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (one year of imprisonment) to be too unreasonable, and the prosecutor appealed from the lower court’s punishment to be too unfluent and unfair.

2. The fact that the defendant recognized all his mistake and reflected his mistake is favorable to the defendant.

On the other hand, there are 11 criminal cases before the defendant (6 times in fraud) and the fact that the damage has not been recovered is disadvantageous to the defendant.

In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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