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(영문) 광주지방법원 2018.04.19 2018노876
특수상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unfair.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is a knife knife, which is a dangerous object, while drinking with the victim, and was flife by the defendant while drinking with the victim, and thus causing bodily injury to the defendant. In light of the details and methods of the crime, it is not good that the crime is committed.

In addition, it could be more severe results.

On the other hand, the following conditions are favorable.

The defendant is recognized as committing a crime and is against the law.

Defendant has no record of criminal punishment in the Republic of Korea.

Although the victim did not reach an agreement with the victim, the victim would take the action against the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor and the Defendant’s assertion are without merit, on the grounds that the lower court’s punishment is too weak or unreasonable.

3. The final prosecutor and the defendant’s appeal are all groundless, and they are all dismissed under Article 364(4) of the Criminal Procedure Act.

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