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(영문) 광주지방법원 2021.01.13 2020노2619
특수상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the grounds for appeal, the Defendant asserted that the Defendant was too unfasible and unfair against the sentence of the lower court (over to four years and six months of imprisonment), while the prosecutor filed each appeal by asserting that it is too unfasible and unfair.

2. The judgment of the Defendant shows the form of recognizing and reflecting the crime.

It seems that a criminal act is committed contingently.

On the other hand, the Defendant: (a) visited the victim, on the other hand, on board the bicycle; (b) visited the victim on the bicycle; and (c) took the victim’s bucks face once at the end of the dispute with the victim; and (d) in light of the method and content of the crime, there is extremely poor

Although the Defendant had inflicted injury on the victim, the Defendant escaped without taking any measure, and throw away clothes in the course of the escape, and the circumstances after the commission of the crime are not good.

The victim caused the defendant to commit the crime, resulting in a serious cerebral disability that is entirely necessary to assist others in the implementation of walking and daily life.

As such, even though the Defendant caused severe disability to the victim, it was not possible to restore the letter of tolerance or damage, and only the victim was paid a criminal injury relief fund under the Act on the Protection of Criminal Victims.

Defendant has been punished several times for violent crimes and larceny.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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