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(영문) 의정부지방법원 2017.06.12 2017노965

특수상해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The judgment of the defendant held excessive excess that he had prepared in advance from the person who was deadly injured to receive a separate notice, and found the victim's house to inflict an injury by assaulting the victim. Accordingly, the victim seems to have suffered a big mental impulse to the point that he could feel a threat to life.

In addition, the defendant did not receive a letter from the injured party so that he can be faced with the judgment of the court, and does not have any effort to recover from damage.

On the other hand, the circumstances favorable to the defendant can be considered in light of the following: (a) the defendant appears to repent of mistake while leading to the confession of the crime; (b) the defendant has no record of being punished by a fine exceeding the fine; and (c) the excessive amount was not used for the actual crime; and (d) the degree of injury of the victim

In addition, taking into account the circumstances of the crime, the circumstances after the crime, the age of the defendant, and the circumstances of the sentencing indicated in the records, it is not deemed unfair because the sentence of the court below is too heavy or it is fluent.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and thus, it is dismissed under Article 364(4) of the Criminal Procedure Act (Article 25(1) of the Regulation on Criminal Procedure: Provided, That in accordance with Article 25(1) of the Regulation on Criminal Procedure, the "No. 03:25 on January 3, 2016" was changed to "No. 03:25 on January 3, 2017."