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(영문) 광주지방법원 2018.07.12 2018노1632
상해등
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 circumstances are advantageous to the following: (a) the Defendant’s mistake and reflects the Defendant’s mistake; (b) the degree of injury appears to be relatively minor; (c) there are some circumstances to consider the circumstances leading to the instant crime; and (d) the Defendant has no past record of criminal punishment for about twenty (20) years after 197.

On the other hand, each of the crimes of this case is an unfavorable circumstance, such as the following: (a) the Defendant’s act of assaulting the victim E, threatening the victim G, who is her husband, forced or injured the victim E by taking advantage of her body photograph, etc. in order to maintain internal relationship with the victim E; (b) the crime is very serious; (c) the victim’s husband and wife suffered serious mental shock and fear, and the marital relationship seems to have been caused by the Defendant’s act; and (d) the victims want to be punished against the Defendant.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too heavy or is not deemed unfair as it is too low. As such, the Defendant and the Prosecutor’s assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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