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(영문) 대구지방법원 2018.01.19 2017노5090
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The six-month imprisonment sentenced by the lower court is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Regarding each of the unlawful arguments of sentencing by the Defendant and the prosecutor, the following facts are examined: (a) the Defendant recognized all of the facts charged in the instant case and reflects his mistake; (b) the Defendant agreed with the victim and the injured party agreed to the Defendant’s wife; (c) the sentence should be determined in consideration of equity with the case where the judgment became final and conclusive at the same time; and (d) the nature of the instant crime is not good; (b) the Defendant’s injury was committed against the victim who was in in inhuman relationship on the ground of male problem and intimidation with dangerous things; (c) some of the crimes were committed during the period when the Defendant was tried for a trial due to the suspicion of injury to the victim; (d) there were many criminal records of violence-related crimes; and (e) other unfavorable circumstances such as the Defendant’s age, sex, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are not justified.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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