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(영문) 대구지방법원 2019.07.05 2019노370
상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence imposed on the Defendant (two years of suspended sentence for four months of imprisonment, probation order, and probation order) is too unreasonable.

B. Prosecutor: The above sentence imposed by the court below on the defendant is too unhued and unreasonable.

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

It is recognized that the defendant recognizes the crime of this case and reflects the fact that he is still a university student of 23 years of age and is going to work, that he deposits 3 million won for the victim at the court below, that his family and branch members want to take the front, that the defendant does not have any criminal records exceeding the same crime and fine, and that there is a physical disability of 3 years of age where two left hand hand hands are cut off.

However, in the instant case, it is also recognized that the victim suffered bodily injury, such as the pelvis and the pelvisa, which requires medical treatment for about two weeks, but the degree of injury is not less severe, and the degree of the exercise of tangible force is more severe, such as the defendant's injury to female-friendly job offers victim, and the possibility of criticism is high, the defendant was unable to reach agreement with the victim, and the victim is blicking the defendant's severe punishment.

In addition, in full view of the various circumstances, such as the character, conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment of the court below, it is not recognized that the sentence imposed by the court below is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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