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(영문) 광주지방법원 2018.09.20 2018노670
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 (one year of imprisonment, two years of suspended execution) is too unhued and unreasonable.

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

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is that the defendant inflicted a bodily injury upon the head of the victim due to beer's disease, and the risk of the method of the crime and the part of the injury are not exceptionally applied in light of the risk and the part of the injury.

The victim did not reach an agreement with the victim and the victim wanted to punish the defendant.

On the other hand, the following conditions are favorable.

The defendant listens to the desire of the victim and commits a crime by interesting, decomposition and contingent, and is under circumstances to consider the circumstances.

The Defendant is an initial offender who had no record of punishment prior to the instant case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor and the Defendant’s assertion are without merit, on the grounds that the lower court’s punishment is too weak or unreasonable.

3. The final prosecutor and the defendant’s appeal are all groundless, and they are all dismissed under Article 364(4) of the Criminal Procedure Act.

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