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(영문) 수원지방법원 2019.06.20 2019노1988
특수상해등
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 (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). On November 7, 2018, the Defendant inflicted a minor injury on the victim’s knife, etc. on the knife, and threatened the victim’s knife on November 9, 2018, which led to the victim’s threat on the part of the victim on the knife on the knife on the knife, and the victim’s knife on the end of December 2018, while being charged with an investigation, the Defendant inflicted an serious injury on the part of the victim on the knife on the knife on the knife on the knife on the knife.

Although the victim was at issue of his/her living attitude, such as theft of the defendant's money, and there was a circumstance to raise the defendant's attitude, or even if the defendant was involved in any contingent crime in his/her drinking, in light of the frequency of the crime, the form of the crime, the part of the injury, the result of damage, etc., the act of the defendant constitutes a very heavy crime.

However, the defendant recognized each of the crimes of this case and is in depth against it.

The victim agreed with the defendant in the investigative agency and tried to have the defendant's wife.

There is no record of punishment after the defendant was punished as a suspended sentence of imprisonment with prison labor for a criminal offense of violence in 1984.

In full view of the following circumstances: (a) there is no change in the conditions of sentencing compared to the original judgment because a new sentencing data has not been submitted in the above circumstances; and (b) other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc.; and (c) the circumstances after the crime, etc., on which the lower court’s sentencing is too heavy or is at discretion.

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