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(영문) 광주지방법원 2019.07.16 2019노1125
특수상해
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 (three months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The following facts are favorable: (a) the Defendant acknowledges and reflects the instant crime; (b) the degree of injury of the victim is relatively minor; (c) the equity between the case and the case of concurrent crimes as stated in the first head of the criminal facts stated in the judgment of the court below and the latter part of Article 37 of the Criminal Act should be taken into account; and (d) the fact that the health

On the other hand, the crime of this case was committed by the pipe, which is dangerous articles during the period of the suspension of detention, by causing injury to the defendant's friendly life, and the risk of the act is heavy in light of the content of the crime, and the criminal records of the defendant were punished as violent crimes, and the defendant did not agree with the victim.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances surrounding the crime, and various sentencing conditions as shown in the records and arguments of this case, it is not deemed that the lower court’s punishment is too heavy or unreasonable.

Defendant

We do not accept the prosecutor's assertion.

3. 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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