beta
(영문) 광주지방법원 2017.07.20 2016노4154

특수상해등

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 (two years of suspended sentence in the month of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service) so as to be too unreasonable, and the prosecutor appealed from the lower court’s punishment to the extent that the sentence is too unhued and unfair.

2. The judgment of the Defendant is the circumstances favorable to the Defendant that there was no criminal history, the degree of injury to the victim F is relatively minor, and the Defendant recognized all of his/her mistakes, and reflects against the Defendant.

On the other hand, the fact that the criminal law used by the defendant to victim F is dangerous 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 is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act (Article 258(1) of the Criminal Procedure Act). However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, “Article 258-2(1) of the Criminal Act” applicable to the judgment below ex officio is corrected to “Article 258-2(1) of the Criminal Act.