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(영문) 청주지방법원 2017.08.11 2017노664
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal argues that the defendant is too unreasonable due to the excessive reduction of the punishment (two months of imprisonment) declared by the court below, and the prosecutor asserts that the above punishment is too unhued and unfair.

2. We examine the arguments of the Defendant and the Prosecutor.

The lower court determined the Defendant’s punishment in consideration of the following circumstances confirmed through the overall purport of records and pleadings:

A favorable circumstances - The defendant is led to confession and is in depth against himself.

- The Defendant seems to have served in prison in good faith other than this case while serving prison life in prison.

- The Defendant has compensated for damages caused by damage to public goods.

- The Defendant appears to have committed each of the instant crimes in a contingent condition of mental and physical weakness due to long-term confinement life, etc.

Unfavorable circumstances - The Defendant committed the instant crimes without being able to do so while serving a prison life.

- The Defendant did not agree with the victim.

In light of the above circumstances, even if the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, even if it is determined by comprehensively collecting all the circumstances that may serve as the conditions for the sentencing confirmed through the entire record, as seen above, the lower court’s determination of sentencing exceeded the reasonable bounds of discretion.

It does not seem unfair to maintain the judgment of the court below as it is.

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

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

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