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(영문) 서울북부지방법원 2019.01.18 2018노1696

특수상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the lower court against the Defendant is deemed unreasonable as it is too uneasible.

2. The instant crime committed by the prosecutor on the grounds of appeal is highly likely to be committed in light of the circumstances leading up to the instant crime, the method of committing the crime, the degree of injury of the victim, etc., in which the Defendant, while making a dispute with the victim, who is the wife, brought about the two arms of the victim with a deadly weapon.

Before committing the instant crime, the Defendant committed an offense, such as throwing the victim with a knife, threatening the victim, etc., and received family protective disposition twice.

However, on the other hand, the court below seems to have determined the punishment in consideration of all the circumstances unfavorable to the defendant as above, and there is no special circumstance or change of circumstances that can be newly considered in sentencing after the sentence of the court below.

In particular, the defendant acknowledges the crime up to the trial, and there is no particular criminal record prior to the crime of this case.

In the case of divorce, etc. claimed by the victim during the trial of the court below, the victim expressed his/her intention not to punish the defendant by agreement with the victim.

In addition, in full view of various circumstances that are the conditions of the pleadings and the sentencing indicated in the records of the instant case, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, it is not determined that the above sentence imposed by the lower court is too un

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.