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(영문) 청주지방법원 2018.02.08 2017노1518
특수상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: Each sentence of the lower court (Defendant A: 6 months of imprisonment, Defendant B: fine of KRW 3 million) is too unreasonable (the part of the lower judgment dismissing the charge of intimidation and insult became final and conclusive without appeal by the Defendant A and the Prosecutor). 2. Circumstances favorable to the Defendants are as follows.

Defendants recognize and oppose each of the instant crimes.

Defendants seem to have caused each of the crimes in this case under the influence of alcohol.

Defendant

A agreed with the victim, and the victim does not want to be punished against the defendant A.

The circumstances unfavorable to the Defendants are as follows.

The crime of special injury of this case is very dangerous because the defendant A knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Defendant

A In the case of injury inflicted on the injured party, the degree of injury is more serious due to the full wave of the hands-on hand, the left-hand hand, which requires treatment for about six weeks.

As the Defendants found the victims hospitalized in the hospital due to the instant special injury crime, there is little consensus, and thus, it is not good that the Defendants threaten them to rapidly discharge from hospital.

In fact, the victim was released from the hospital before the treatment is completed due to the fear of care for the Defendants.

Defendant

A has served as one time of suspended sentence of imprisonment with prison labor and three times of fines for crimes related to violence, and Defendant B has served as one time of imprisonment with prison labor, two times of suspended sentence of imprisonment with prison labor, and one time of fine for crimes related to violence.

In light of the above circumstances, considering the Defendants’ age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, the lower court’s punishment against the Defendants is too unreasonable.

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