logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.07.13 2018노1634
특수상해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below on the defendant (eight months of imprisonment) is too unfortunate and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We examine the judgment and the defendant's arguments together.

In full view of the favorable circumstances such as the fact that the defendant has already been punished several times, the fact that the defendant committed the crime of this case during the period of probation, the victim's injury is serious, etc., and the fact that the defendant recognized a mistake and reflects the defendant's wrongness, the defendant appears to have committed the crime of this case in a contingent manner by doubting that the victim has wind, the victim in a de facto marital relationship has expressed his/her intention to maintain his/her family continuously and wanting the wife of the defendant, and other favorable conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., the punishment imposed by the court below was proper and the judgment of the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

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

arrow