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(영문) 서울중앙지방법원 2020.05.08 2019노2931
특수상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing), the defendant asserts that the punishment imposed by the court below (two years of suspended sentence for one year of imprisonment, one year of probation, and one community service order 160 hours) is too unreasonable, and the prosecutor asserts that the punishment is too unreasonable and unfair.

2. We examine both the judgment and the prosecutor’s assertion of unreasonable sentencing.

The instant case is an unfavorable circumstance that the Defendant inflicted bodily injury on the victim by leaving the head of the victim's head due to an empty illness, and the risk of the act is extremely high and the nature of the offense is bad. The Defendant is more favorable that the victim does not want the punishment by mutual consent with the victim. Considering such circumstances and other various sentencing conditions as the Defendant's age, health, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court's punishment is appropriate and it cannot be said that the Defendant is too weak or harsh.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed 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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