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(영문) 대구지방법원 2020.01.17 2019노4266
특수상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that the defendant recognizes all of the crimes of this case and reflects them, and that there is no other criminal records in Korea as China.

However, it is also recognized that the nature of the instant crime is bad, the degree of injury suffered by the victim is serious, the victim is unable to agree with the victim, and the victim is trying to punish the defendant.

In addition, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and 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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