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(영문) 대구고등법원 2019.07.03 2019노189

중상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

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

2. The instant crime is very bad in light of the method, circumstance, and consequence of the instant crime, and the relationship between the Defendant and the victim, etc., where the Defendant had a de facto marital relationship several times, resulting in an unknown state due to credit booming, etc.

Although victims have recovered consciousness at present, they still have been suffering from a disease due to the aftermath, and need continuous rehabilitation treatment in the future.

The defendant continued to deny the crime of this case in the course of investigation, and has not yet been punished by the victim and his family members.

In the past, the Defendant was sentenced to a fine or a suspended sentence of imprisonment for the same violent crime as the instant crime.

However, the defendant, from the court of the original instance, has recognized all crimes, and is against the mistake.

After committing the instant crime, the Defendant took measures, such as checking the state of the victim and reporting to the police.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as all the sentencing conditions indicated in the records of the instant case, including the circumstances after the crime, where there is no change in the sentencing conditions compared to the first instance court, and where the first instance court’s sentencing does not exceed the reasonable scope of discretion, it is reasonable to respect them. In full view of the foregoing, the sentence imposed by the lower court appears to fall within the appropriate scope of sentence corresponding to the Defendant’s liability, and it is unreasonable to deem that

Therefore, we cannot accept all the arguments of the defendant and prosecutor.

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