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(영문) 광주고등법원 2018.06.21 2017노565
특수중상해
Text

The judgment of the court below is reversed.

The punishment of the accused shall be three years of imprisonment.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four years of imprisonment) is too unreasonable.

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

2. The Defendant, who was her husband, cut off the victim’s warning that he was unlocked with another female, and cut off the victim’s warning with a knife. The Defendant was her husband, and she laid down the cut light warning to a knife and down the water.

In light of the circumstances, attitudes, and results of the instant crime, the liability for the instant crime is very important.

The victim suffered a extreme physical or mental pain due to the instant case, and the victim seems to have suffered a serious obstacle to sexual function and urology in the future.

Even if there was a significant blood relative immediately after the crime, the defendant did not directly take relief measures for the victim.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant is a first offender who has no criminal history, and his mistake is divided in depth.

The Defendant had been living in a de facto marital relationship with the victim for not less than 20 years with care of the victim's family relation register rather than his own family relation register, and has lost friendly and uneasiness since 10 years ago.

The Defendant seems to have committed the instant crime because he/she was found in the victim’s vehicle, and was in a somewhat doubtful state of mental confusion, such as having the victim go with another woman and golf with another woman.

In this court, the defendant agreed with the victim, and the victim wanted the defendant's wife.

Such circumstances are favorable to the defendant.

In particular, the fact that the defendant agreed with the victim and the victim wants to leave the defendant's wife is an element of sentencing to be newly considered in this court.

The above circumstances and other ages of the defendant's age, sex, environment, family relationship, health status, etc.

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