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(영문) 대구지방법원 2019.05.17 2018노4628
특수상해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (a fine of KRW 15 million is imposed on the Defendants A, and a suspended sentence of KRW 15 million is imposed on the Defendants B) declared by the lower court to the Defendants is too uneasible.

2. The crime of this case was committed by the Defendants while drinking alcohol in a restaurant, jointly with or carrying dangerous things with the victim and the victim. The issue is not less and less severe, and the crime was committed five times, and the Defendant A already been punished due to the crime of injury. In particular, the crime of this case was committed during the suspension period after the judgment of 10 months of imprisonment and 2 years of suspended execution became final and conclusive due to the violation of the Game Industry Promotion Act on September 1, 2017, and the crime of this case was committed during the suspended execution period, and the Defendant B had already been punished for the crime of injury.

However, all the defendants recognize the crime of this case and reflects on the fact that they agreed with the victim, that there is no emphasis on the victim's injury, that there is no sentence of imprisonment, that there is no sentence of imprisonment, that there is an elderly mother, that there is no economic situation, that there is a difficulty in supporting the defendant's wife and children, that there is no economic situation, that there is a difficult economic situation, and that the defendant A must return to the defendant for 10 months under the suspended sentence if the sentence is finalized, and that it seems to be very harsh.

In addition, in full view of the following circumstances: (a) the Defendants’ age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc.; and (b) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment; and (c) it is not recognized that the sentence imposed on the Defendants is too uneasible and unfair.

3. In conclusion, the appeal against the Defendants by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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