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(영문) 광주지방법원 2017.04.27 2016노1817
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) appealed from the lower court’s punishment (amounting to five million won) so far as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.

2. In addition, the Defendant committed the instant crime during the period of repeated crime of interference with business, even though he/she was punished by a fine, and all of them were punished by a fine, the Defendant committed the instant crime during the period of repeated crime, a criminal record (one and six times criminal records from among such criminal records) who was punished on at least 30 occasions due to the same kind of and a different type of crime, and the degree of the victim’s injury is not easy.

On the other hand, there is against the defendant.

The fact that the defendant is suffering from visual disability and has difficulty in economic situation is supporting the mother suffering from delayed disability, and the victim does not want to be punished against the defendant by agreement with the victim. This case is a favorable situation where there are circumstances that can be considered in the circumstance, such as the defendant and the victim have been placed on the front day, and the defendant's face is appropriate for drinking face from the defendant's victim in the process.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, health conditions, and circumstances after the commission of the crime, etc., the lower court’s punishment is too heavy or is deemed unreasonable as it is too heavy.

The grounds for each appeal are without merit.

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

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