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(영문) 대구고등법원 2018.11.15 2018노342
특수중상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal (unfair sentencing) the sentence imposed by the Defendant (three years of imprisonment) by the lower court is too unreasonable.

The above-mentioned sentence sentenced by the court below by the prosecutor is too uneasible and unfair.

Judgment

Examining the various sentencing conditions of this case, the crime of this case was committed by the defendant, who is an employee in the clothing shopping mall operated by him, and the victim, at night, had the drinking place in the restaurant at night, faced with the victim's head for the reason that the victim's horse sleeps, which is a dangerous object, and had the victim's head in depth about 50 meters from the end of the day (at the end of the day of the day of the day of the day of the day of the day of the day of the day, the brain has reached a knife), thereby causing specific danger to his life, such as the background and method of the crime, the method of the crime, the risk of the crime, the degree and degree of the injury, the risk of the damage (at the end of the day of the day of the day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of death of the victim.

(B) The principal doctor of the Gyeongbuk University Hospital who treated the victim expressed his opinion that “If the end of the Gyeong Day reaches knife, the victim would have been highly likely to die even after the operation.” In light of the relationship between the defendant and the victim, etc., the victim suffered very bad mental pain, and the victim had to live in a considerable period of time after undergoing a heavy surgery, such as double mouths and brusing, etc., at the hospital, and after being hospitalized for a considerable period of time. In the future, the Defendant appears to have been affected by post-accident stress disorder, emotional distress disorder, difficulty in emotional adjustment, apprehension, etc. for a considerable period of time, and the Defendant, including a violent crime of approximately 10 times.

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