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(영문) 광주지방법원 2019.08.20 2019노1435
특수상해
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 (eight months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflected the instant crime, and there is no previous conviction exceeding the fine.

On the other hand, in light of the victim's upper part and the degree of the situation, it seems that the risk of the defendant's act was significantly high, the defendant can have been convicted of violence, and the fact that the defendant did not agree with the victim is disadvantageous.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances surrounding the crime, and various sentencing conditions as shown in the records and arguments of this case, it is not deemed that the lower court’s punishment is too heavy or unreasonable.

Defendant

We do not accept the prosecutor's assertion.

3. The appeal 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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