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(영문) 인천지방법원 2019.10.17 2019노1979
특수상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (one year of imprisonment) is too unreasonable, and the reasons for appeal by the prosecutor are too uneasible and unreasonable.

2. A favorable circumstance is that the Defendant has been punished several times due to violence-related crimes, and that the Defendant committed the instant crime during the period of suspension of execution, while the Defendant showed an attitude to recognize and reflect the instant crime while not having agreed with the victim, and that the injury of the victim is not very serious.

In full view of the circumstances above, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age, health condition, character and conduct, environment, and circumstances that constitute the conditions for sentencing as indicated in the instant case, the Defendant and the prosecutor’s above assertion are not acceptable on the grounds that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal of this case by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal of this case are without merit. It is so decided

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