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(영문) 의정부지방법원 2019.01.29 2018노3446

상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below against the defendant (two years of suspended execution for eight months of imprisonment, two years of probation, and one hundred and sixty hours of community service) is too unreasonable.

(B) The defendant withdraws his assertion of mistake of facts on the first trial date.

The above-mentioned sentence of the court below against the prosecutor is too unhued and unfair.

2. The judgment of this case is an unfavorable circumstance to the defendant that the defendant was subject to a disposition of suspension of guidance on the ground that he was knee and knee and suffered serious bodily injury on the part of the victim's knee in extracting knee, and that the nature of the crime is not less severe, the victim is expected to undergo continuous medical treatment in the future, and the victim is expected to suffer disability. The defendant was subject to a disposition of suspension of guidance on the ground that he did not agree with the victim, and that the victim and his parents were unable to reach an agreement with the victim, and that they were refusing to receive the deposit while wanting to punish the defendant with severe punishment against the defendant.

On the other hand, the defendant appears to have an attitude of recognizing and opposing the crime, the result of serious injury beyond the generally foreseeable degree in light of the degree of violence committed by the defendant, the defendant's parents are making efforts to reach an agreement, and the amount equivalent to medical expenses appears to have been paid in full. The court below deposited KRW 15 million in the court below, 5 million in the court below, 5 million in the court below, 5 million in the court below, and 5 million in the court below, and it seems that the defendant still has been a female student and his parents' will to guide so that it could have been able to correct

In full view of each of the above circumstances and all of the sentencing conditions in the instant argument, since it cannot be deemed that the lower court’s punishment is too heavy or too unreasonable, each of the above arguments by the Defendant and the prosecutor are rejected.

3. In conclusion, each appeal filed by the Defendant and the prosecutor is without merit.