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(영문) 광주지방법원 2019.01.23 2018노3471
상해등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the crime of this case is not good, that the defendant committed the crime of this case again even if he had the same criminal record in several times, and that there is no agreement with the victim D and F until the trial is held, strict punishment against the defendant is required.

However, considering the fact that the defendant repents his mistake, that the health of the defendant is not good, that the defendant agreed with the victim I, that part of the money was deposited for the recovery of damage of the victim D, that the crime of this case is concurrent crimes under Article 39(1) of the Criminal Act in relation to the crime of injury, etc. for which judgment has become final and conclusive and the crime of this case should be considered at the same time under Article 39(1) of the Criminal Act, and other conditions of sentencing as shown in the arguments of this case such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below on the defendant is deemed to be appropriate and unreasonable. Thus, the defendant and the prosecutor's above arguments are without merit.

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

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