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(영문) 광주지방법원 2016.09.20 2016노2324
특수상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal (six months of imprisonment) by the lower court, the Defendant asserts that the Defendant was too unfasible and unfair, while the prosecutor filed each appeal by asserting that the Defendant was too unfasible and unfair.

2. The judgment of the defendant did not cause harm to the victim E because of dangerous articles, but did not cause harm to the victim E, and without any particular reason, the accident occurred while driving alcohol in the state of drinking 0.140% in the blood alcohol level, even though the investigation was conducted due to violent crimes, and there was a record of punishment three times due to non-licenseless driving, and thus, the risk of recidivism is likely to occur.

On the other hand, the defendant reflects the crime, agreed with the victims, and the victims suffered less severe injury.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

3. As such, the appeal 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. It is so decided as per Disposition.

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