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(영문) 전주지방법원 2017.03.16 2016노1838
상해등
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 (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. The fact that the defendant recognized all of the crimes of this case when the judgment was made in the first instance, and against the fact that the defendant made efforts to recover damage, such as deposit of small amount or horse for some victims, etc. is favorable.

On the other hand, the fact that the defendant drinks alcohol and uses violence against surrounding merchants and police officers, that the defendant has been punished several times for the same kind of crime, that the defendant committed the crime of this case without being aware of it during the suspended execution period for the same kind of crime, the victims seem to have suffered considerable pain due to the crime of this case, and that the defendant was unable to agree with the victims until the trial of the party.

In addition, taking into account all the records of this case and the sentencing conditions indicated in the change theory up to the depth of the party, such as the Defendant’s age, sex, environment, means and consequence of the crime, and the situation before and after the crime, the lower court’s punishment is too heavy or unreasonable.

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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