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(영문) 광주지방법원 2020.01.23 2019노2815
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 (six months of imprisonment) is too unhued and unreasonable.

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

2. The judgment is an unfavorable circumstance against the Defendant, such as: (a) the Defendant prices the victim’s face and neck in front of the Defendant; and (b) the victim, who lost awareness due to serious assault by the Defendant, was cruel and dangerous; (c) the criminal tools and methods against the victim are very cruel and dangerous; (d) the progress of the execution of sentence and several times of the same crime, including probation; (d) the degree of injury is heavy; and (e) the Defendant continuously refused to comply with the demand for summons at

On the other hand, it is favorable for the defendant to recognize and reflect the crime of this case, to have agreed with the victim, and to have reached a contingent crime by drinking.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is not deemed to be too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. All appeals filed by the prosecutor and the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that they are without merit.

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