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(영문) 서울서부지방법원 2016.10.27 2016노949
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The gist of the defendant's grounds for appeal is that the court below's punishment (two million won of fine) is too unreasonable, and the gist of the prosecutor's appeal is that the court below's punishment is too uneasible and unfair.

In light of the fact that the Defendant led to a confession and reflect on the crime of this case, and the degree of injury of this case is relatively minor, etc., which are favorable to the Defendant.

On the other hand, the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties on July 9, 2015, which became final and conclusive in the same month, and that he/she did not agree with the victim, etc., is disadvantageous to the Defendant.

In addition, considering the Defendant’s age, character and conduct, environment, the background and motive of the instant crime, and circumstances after the instant crime, etc., the sentence of the lower court does not seem to be too heavy or too unreasonable, and thus, the Defendant and the prosecutor’s assertion of unfair sentencing is without merit.

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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