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(영문) 서울중앙지방법원 2019.07.05 2019노1416
특수상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

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

2. The judgment defendant recognized all of his/her crimes and against himself/herself, has no record of criminal punishment, and agreed to pay 30 million won to the victim.

On the other hand, the Defendant committed a crime repeatedly against the victim with less social experience, who had not been able to cope with violence, for a long time, and accordingly, did not impose an injury on the victim, such as cageing cages or 2do images that require treatment for six weeks.

The judgment below

There is no change in circumstances that may be considered in sentencing thereafter.

In full view of all other circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, and circumstances after the offense, etc., the lower court’s punishment is too heavy as the Defendant claims are proper and, as otherwise alleged by the prosecutor, is not deemed unreasonable.

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 under Article 364 (4) of the Criminal Procedure Act.

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