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(영문) 서울동부지방법원 2020.06.12 2019노1445

특수상해

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (eight months of imprisonment) is too unhued and unfair.

B. The above sentence imposed by the court below is too unreasonable.

2. Examining the judgment and the Defendant’s respective arguments on unreasonable sentencing together, comprehensively taking account of the grounds for sentencing indicated in the argument and records of the instant case, the lower court appears to have made a proper decision by fully taking into account all the circumstances, including the grounds for sentencing as asserted by the prosecutor and the Defendant, and no special circumstance exists to change the lower court’s punishment.

Therefore, each of the above arguments by the prosecutor and the defendant is without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor and the defendant is without merit.

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, Article 25(1) of the Act on the Application of the Rules on Criminal Procedure provides that "Article 257" in the second sentence shall be dismissed as "Article 257(1)". "The Reasons for the Punishment of Imprisonment with labor for six months to ten years" in the first sentence shall be corrected as "two months to five years of imprisonment".