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(영문) 서울고등법원 2018.09.21 2018노1804
중상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (unfair sentencing) (two years of imprisonment and four years of suspended sentence) is excessively unreasonable.

B. The above punishment sentenced by the prosecutor (unfair sentencing) by the court below is unreasonable as it is too unhutiled.

2. Determination

A. The lower court considered the following facts: ① in unfavorable circumstances to the Defendant: (a) the Defendant, at the time of drinking, led the Defendant to walk the victim’s side and head by taking care of his head into account, even after the Defendant was faced with his head on the floor; (b) the victim was under emergency surgery due to paralysis, brain cerebrovassis, etc.; and (c) the victim was under emergency treatment due to her he was under flaging, flaging, recognition disorder, verbal disorder, etc.; and (d) whether the medical treatment was unclear; (b) whether the victim was able to drive the flag for a long time due to the Defendant’s crime of this case; (b) whether the victim was punished for the Defendant; (c) whether the victim was able to drive the flag; and (d) whether the victim was led to favorable circumstances; and (e) whether the Defendant was led to the instant crime, and that the Defendant did not have any history of criminal punishment, and that the Defendant deposited KRW 35 million in total for the victim.

B. In addition to these circumstances, the lower court determined a sentence by comprehensively taking into account all factors of sentencing, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

B. Such sentencing by the lower court seems to have been conducted within the reasonable scope of discretion by comprehensively taking into account all the circumstances related to sentencing, which were revealed in the process of the instant pleadings.

The circumstances alleged by the defendant and the prosecutor in the trial are shown to have been fully considered in the original court when determining the punishment, and there are special changes in circumstances that make it possible to change the sentencing of the original court, or the sentencing of the original court is unfair.

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