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(영문) 대구지방법원 2018.04.13 2017노5689
특수존속상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court rendered a judgment dismissing a public prosecution regarding intimidation among the facts charged in the instant case, and sentenced the remainder of the facts charged.

Since the dismissal part of a public prosecutor’s appeal against the guilty part of the judgment of the court below for the reason that the sentencing was unfair, which was not appealed by the prosecutor, is separate and finalized depending on the expiration of the period of appeal, the judgment of the court below is to be made only for the guilty part

2. Summary of reasons for appeal;

A. Defendant 1) The Defendant was physically and mentally deprived of, or physically and mentally weak, under the influence of alcohol at the time of committing the instant crime.

2) The punishment sentenced by the court below against the defendant (the special crime of injury to the existence of existence, fraud, and each assault as indicated in the judgment of the court below: imprisonment with prison labor for one year and imprisonment with prison labor for one year, and imprisonment with prison labor for three million won in the judgment of the court below) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence imposed by the lower court against the Defendant is too unfasible and unfair.

3. Determination

A. According to the judgment on the Defendant’s mental and physical disorder claim (the record of this case’s case’s case’s case’s case’s case’s case’s case’s case’s case case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’

It is not visible.

Therefore, the defendant's mental disorder is without merit.

B. The Defendant recognized each of the instant crimes and recognized his mistake, and the victims of special continued injury, threat, and fraud do not want to be punished by the Defendant. Special continued injury, fraud, and each of the instant crimes is one of the concurrent crimes after Article 37 of the Criminal Act.

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