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(영문) 서울동부지방법원 2020.05.21 2019노1681
특수상해
Text

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

Reasons

1. The summary of the grounds for appeal against the Defendants (two years of suspended execution in October, and forty hours of community service) are deemed to be too uneasible and unfair.

2. The crime of this case is an unfavorable circumstance to the Defendants, in light of the following: (a) the Defendants committed the crime of this case by taking the head of the victim from the beer and beer disease, which is the dangerous thing; (b) the nature of the crime is very poor; (c) the risk of the crime is high; (d) the Defendants did not agree with the victim; and

On the other hand, when considering the damaged photographs, the victim's head head does not occur, and the extent of the type of force exercised by the defendants does not seem to be serious.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is without merit

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit.

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