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(영문) 광주지방법원 2017.05.11 2016노1976
특수상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a punishment of imprisonment for one year, a suspended sentence of three years, protection and observation, 40 hours in domestic violence treatment lectures, 80 hours in lectures for pharmacologic treatment, community service 240 hours, confiscation, and collection) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following facts are favorable to the Defendant.

The defendant recognized the crime of this case and is against the law.

There is no record of criminal punishment after the defendant was punished for a drug crime 16 years prior to the punishment, and there is no record of punishment for domestic violence.

Damage is the defendant's wife.

On the other hand, the following is disadvantageous.

In the crime of this case, a special injury in the course of the crime of this case is the injury of the victim to the person who is a baby by carrying the kitchen, knife, excessive, etc.

In addition, it is necessary to strictly punish narcotics-related crimes because they are highly likely to harm the health and social safety of the people as well as avoiding the body and mind of an individual due to their declimaticness, toxicity, etc.

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., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too heavy or is not deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

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

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