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(영문) 부산지방법원 2017.10.19 2017노2830

특수상해등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

, however, the defendant.

Reasons

Summary of Reasons for appeal

A. The sentence of the lower court against Defendant A (one year of imprisonment) is too unreasonable.

B. The lower court’s punishment against the Defendants (defendant A: one year of imprisonment; two years of suspended sentence; two years of imprisonment; 40 hours of violent treatment; 40 hours of psychological treatment; 160 hours of community service order) is too unfford and unreasonable.

Judgment

A. The crime of this case committed by Defendant A and the Prosecutor was committed in a way that the Defendant was at the time of or was injured by the victim E or G, committed a total of KRW 60,80,000,000 from the above victims, and the victim F’s knife with the knife, which is a dangerous object, inflicted an injury upon the victim F, and the victim N together with the victim N, inflicted an injury that requires approximately four weeks of medical treatment. In light of the details of the crime, such as the background and method of the crime, etc., the Defendant’s liability is gravely recognized.

However, when the defendant made a confession of all the crimes of this case when he was in the trial for the first time, the defendant made an agreement with the victim E, F only, and all the victims agreed not to have the punishment for the defendant, and the family members of the defendant want to have the punishment for the defendant, etc. are considered to be relatively obvious in the social relationship of the defendant, such as the fact that the defendant still has old age, the fact that there is no history of criminal punishment except that the defendant was punished once a fine of 2014, and that there is no history of criminal punishment except that of the defendant's age, sexual behavior, environment, etc. when considering all the circumstances showing the sentencing conditions in the arguments of this case such as the defendant's age, sexual behavior, environment, etc., the punishment of the court below against the defendant is deemed to be unfair because it is too unreasonable rather than unfair because the punishment of the defendant is unfilled.

Therefore, the defendant's argument of sentencing is justified and prosecutor's.