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(영문) 의정부지방법원 2020.04.17 2019노3355
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment of the court below (seven months of imprisonment) is too unreasonable.

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

Judgment

Although the Defendant had a strong record of criminal punishment for violent crimes, the Defendant committed another crime of this case during the same repeated crime period, and the degree of injury suffered by the victim G is disadvantageous.

However, the fact that the defendant recognized each of the crimes of this case and reflected against the defendant, and that 3 million won is additionally paid to the victim G as consolation money for the first time in the trial, and that the victims want to take the action against the defendant in the trial.

Considering the circumstances favorable to the Defendant and the unfavorable circumstances, comprehensively taking into account the following factors: (a) the Defendant’s age, character and conduct, environment, details of the crime, and circumstances after the crime; and (b) the sentencing conditions indicated in the instant records and arguments, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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