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(영문) 춘천지방법원 2019.07.12 2019노381
특수상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below is too unreasonable because the defendant's punishment is too excessive.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The fact that the defendant agreed with the victims was found in the appellate trial.

However, without any particular reason, the Defendant’s side knife, such as the victim G, who is his spouse, enters the knife to approximately 9.3cc in depth on the left-hand side, thereby causing serious injury to the victim, etc., and the contents and methods of each of the crimes of this case committed by the Defendant against the victims, such as causing serious harm to his life, and the result thereof, are not very serious and highly serious, and there is no actual punishment due to the failure to report, but it is inevitable to severely punish the Defendant, such as confirmation of the circumstances where the Defendant has continuously exercised violence for a considerable period of time.

In addition, considering the various factors revealed in the proceedings of the instant case, including the relationship between the Defendant and the victims, the Defendant’s punishment power, etc., the sentencing of the lower court is too heavy or it is difficult to have exceeded the reasonable scope of discretion, even considering all the factors alleged by the Defendant and the Prosecutor.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). All the arguments of the Defendant and the Prosecutor are rejected.

3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, all appeals filed by the defendant and the prosecutor are dismissed.

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