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(영문) 광주지방법원 2017.09.21 2017노2879

특수상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (three years of imprisonment) so long as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so as to be too unfasible and unfair.

2. The fact that the defendant recognized his mistake and reflected his mistake is favorable to the defendant.

On the other hand, the fact that the defendant was sentenced to 10 years of imprisonment with prison labor and 5 years of imprisonment with prison labor for the violation of the Punishment of Violences, etc. Act (the crime of inflicting a bodily injury of 4 weeks, which is a dangerous object), that the criminal tools and methods used by the defendant are very dangerous, and that the defendant did not receive a letter from the victim even though he did not compensate for the damage is disadvantageous to the defendant.

In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.