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(영문) 수원지방법원 2020.07.23 2020노2300

특수상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The prosecutor’s sentence of the lower court (eight months of imprisonment) is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is committed by carrying a knife, which is a dangerous object in collaboration with the Defendant-friendly B, and causing injury to the victim due to the use of a knife in the treatment days to the lower part of the treatment days, and the nature of the crime is very poor and the liability for the crime is serious, and the injury suffered by the victim appears to be considerably serious, and the fact that the Defendant was not able to receive a letter from

On the other hand, it is advantageous to the fact that the defendant has recognized the crime of this case and reflects his mistake, that the defendant does not directly injure the victim, that the defendant has no record of punishment in the Republic of Korea, that the defendant has no record of being punished in the Republic of Korea, and that there is no criminal record other than being sentenced to a fine of KRW 2 million for traffic-related crimes.

In full view of the aforementioned circumstances and the equity of sentencing with cases of the same or similar nature as above, as well as the age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy as the Defendant alleged, or it cannot be deemed unfair as it is too harsh as it is alleged by the public prosecutor.

Therefore, we cannot accept all the above arguments of the defendant and prosecutor.

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