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(영문) 광주지방법원 2017.01.11 2016노1676
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of suspended sentence for six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination is an unfavorable circumstance that the Defendant has been punished several times for the same kind of crime in the past.

On the other hand, there are more favorable circumstances such as the fact that the defendant properly recognizes and reflects his mistake, that the degree of injury of the victim is not severe, that the injured person is not punished against the defendant by the agreement with the victim, that the person who is the defendant wanting to leave the defendant's wife against the defendant, that the defendant does not have any criminal record exceeding the fine.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too heavy, and thus, the Defendant and the Prosecutor’s assertion 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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