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(영문) 광주지방법원 2014.12.24 2014노2804
상해
Text

All appeals filed by the defendant and 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 above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant recognized his mistake, agreed with the victim, and there are some circumstances to be taken into account the developments leading to the instant crime.

A large number of criminal records, including criminal records, committed against the defendant, and the defendant was sentenced to imprisonment for two years and six months for violent crimes and completed the execution of the sentence, and subsequently committed the crime of this case during the repeated crime period, the victim's injury was serious, and the defendant committed the escape life for a considerable period of time from May 25, 2014 after the crime of this case to arrest.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is too heavy or unreasonable. 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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