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(영문) 대구지방법원 2018.10.26 2018노3094
특수상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (two years of imprisonment) is too unfased and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We examine the judgment and the defendant's arguments together.

In full view of the circumstances that are favorable to the defendant, such as the fact that there is no record of the crime exceeding fines and that there is no record of the crime committed in favor of the defendant, and that the crime of this case was committed by the defendant, which is favorable to the defendant, using dangerous articles against female victims, and the nature of the crime was very poor in light of the method and mode of the crime. Accordingly, the defendant was hospitalized in the patient room by suffering serious injuries, the victim seems to have suffered physical, mental and economic damage, and the victim could not have suffered significant damage but has not recovered from damage, etc., and all the sentencing conditions in the records and arguments of this case, including the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, family relationship, the means and consequence of the crime, etc., as well as all the sentencing conditions in the records and arguments of this case, the punishment of the court below imposed by the defendant was proper and the

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

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

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