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(영문) 대전지방법원 2018.09.14 2018노435

특수상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence to one year of imprisonment) is deemed to be too unhutiled and unfair.

2. The judgment of the defendant, using a knife that is a dangerous thing, has inflicted an injury on the victim, and is very serious in the degree of injury, and the defendant has been punished four times for the same kind of crime in the past.

However, the defendants recognize their mistakes and repent.

The victim does not want the punishment of the defendant by paying death and medical expenses to the victim.

The defendant and the victim are related to the lshesheshesheshesheshes, and the victim visited the defendant's house to drink together while drinking together, the victim and the defendant do not memory the detailed details and attitudes of this case.

Finally, the punishment of the defendant is 2001 years, and there is a considerable interval between the crimes in this case.

Since the defendant is old and healthy, it seems difficult for the defendant to live in prison life.

In addition to these circumstances, no particular change of circumstances can be found in the matters requiring the conditions of sentencing after the sentence of the lower judgment. Taking into account the following circumstances, the lower court’s sentencing exceeded the reasonable scope of discretion by excessively unhurding the sentencing, comprehensively taking into account the Defendant’s age, sexual conduct, environment, the developments and mode of the instant crime, and the history of the instant crime.

subsection (b) of this section.

We do not accept the prosecutor's improper argument of sentencing.

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