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(영문) 인천지방법원 2016.11.10 2016노3143

특수상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the defendant asserts that the defendant's imprisonment (eight months of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that the prosecutor is too uneasible and unfair.

2. The crime of this case is not deemed to be a crime committed by the defendant while committing a bodily injury and assaulting the victim E and F, and again committing a assault to the victim E after several months. The defendant committed each of the crimes of this case repeatedly before the end of the period of suspension of execution, even though he was punished by a fine by assaulting the victim E during the period of suspension of execution due to the same crime, and even if he was punished by a fine during the period of suspension of execution, he did not agree with the victims.

On the other hand, it is recognized that the defendant led to the confession of the crime and the mistake against the victim F, the crime of injuring the victim F was committed with willful negligence in the course of the crime of assault against the victim E, and the degree of the injury is relatively minor, the defendant has no record of being sentenced to punishment for the same or a different crime, and if this judgment becomes final and conclusive, it is highly likely that the sentence of suspension of execution will be invalidated.

In full view of such circumstances as the Defendant’s age, character and conduct, motive, means, and consequence of the instant crime, etc., the sentence of the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.