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(영문) 서울남부지방법원 2017.10.27 2017노1091
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles (defendants) did not have the intention of injury, and even if intention was acknowledged, Defendant’s act constitutes legitimate defense, and thus constitutes grounds for reduction or exemption of punishment, as it is dismissed of illegality or excessive defense.

B. The punishment sentenced by the court below (two years of imprisonment with prison labor) is too heavy or too unhued (the defendant).

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal under this part of this part, and the lower court rejected the above assertion in detail in its determination on the Defendant’s and the defense counsel’s assertion. In line with the records, the lower court’s aforementioned determination is reasonable and acceptable, and it did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. In light of the circumstances that the lower court rendered on the grounds of sentencing and all the sentencing conditions indicated in the instant records and arguments, the sentence imposed on the Defendant by the lower court is deemed appropriate and is too heavy or too unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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