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(영문) 수원지방법원 2018.08.08 2018노3143

특수상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. The judgment of the Defendant committed each of the instant crimes again despite a number of criminal records related to violence and drinking, and in particular, the Defendant committed the instant crimes against the victim D, who had a relationship with the Defendant, by increasing strengths by taking advantage of the main illness, excessive amount, and aggravation, and several times, and the nature of the crime and the criminal situation are very poor, and the victim seems to have been suffering from considerable mental shock and uneasiness due to each of the instant crimes. The fact that the victims want to punish the Defendant because they did not reach an agreement with the victims, etc., are disadvantageous to the Defendant.

However, the fact that the defendant recognizes his mistake and reflects his depth, and that it seems that the health of the defendant is not good, etc. are favorable to the defendant.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant and the prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or is not unreasonable because it is too heavy.

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