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(영문) 광주지방법원 2017.08.10 2016노4159
특수상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (ten months of imprisonment, two years of suspended sentence, two years of probation, community service, and order to attend lectures) so far as it is unreasonable. The prosecutor appealed from the lower court’s punishment too unfortunate and thus unfair.

2. The crime of this case on the basis of the following facts: (a) the Defendant, without any justifiable reason, committed the crime of this case on the part of the Defendant due to a beer’s disease while under the influence of alcohol; (b) the victim was breading away from the victim without any discrimination; and (c) the Defendant committed an act of assaulting and injuring the victim; (d) the nature of the crime is very poor in light of the background, content, method, etc. of the crime

However, the fact that the defendant reflects the wrong, the victims and the victims do not want punishment for the defendant, and the victims are attending the spirit after the crime of this case and receiving consultation and pharmacologic treatment for alcohol addiction.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and other various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by both the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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