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(영문) 광주지방법원 2016.06.09 2015노2095
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 (200,000 won 6,000 won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is a favorable condition to the defendant that the defendant reflects his mistake, deposited KRW 1,00,000 for the victim, and that the defendant seems not to unilaterally assault the victim.

On the other hand, the following circumstances are disadvantageous circumstances.

There are a lot of frequency of injury and assault.

The crime of this case occurred during the marital fighting, and the defendant seems to have mainly provided the causes of marital fighting.

In addition, comprehensively taking account of the defendant's age, sex, environment, and equity in the case of the acquisition of stolen goods for which judgment has become final and conclusive at the same time, the court below's punishment is too heavy or it is not deemed unfair because it is too heavy, and thus, the defendant and the prosecutor's assertion are without merit.

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

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