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(영문) 대구지방법원 2019.06.26 2019노1673

특수상해

Text

The appeal by prosecutor and defendant shall be dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. The crime of this case was committed with a knife, which is a dangerous object, and the nature of the crime is not good in light of the form of the crime, circumstances, etc., and the defendant has been punished several times due to the same kind of crime, and the defendant has the record of having been punished several times, such as punishment and suspension of execution, etc., which is disadvantageous to the crime of this case during the period of repeated crime, such as the inevitable circumstances that the crime of this case was committed during the period of repeated crime, the defendant appears to have committed the crime of this case, the defendant's motive and behavior, environment, motive, means and consequence of the crime of this case, and other favorable circumstances that are favorable to the victim's age, character and behavior, and environment, and the degree of injury to the victim, and all of the sentencing conditions expressed in the argument of this case, such as the situation after the crime, are too heavy or unreasonable. Thus, both

3. All appeals filed by the prosecutor and the defendant are without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.