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(영문) 서울중앙지방법원 2017.03.14 2016노4810
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (ten months of imprisonment) is too unhued and unreasonable.

B. Defendant 1) There is no fact that there was an assault against the victim by inserting iron in which the dangerous articles are inserted.

2) The Defendant had a mental and physical weakness at the time of committing the crime.

3) The sentence of the lower court is excessively unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the defendant's assertion of misunderstanding of facts (the legal statement, occurrence report (injury) by the witness F of the court below and the photographs attached thereto), the defendant's assertion that denies the defendant's assertion is rejected, since the defendant's insertion of iron materials and multiple times are recognized due to the defendant's assault and violence.

B. According to the Defendant’s assertion of mental and physical weakness, even though it is recognized that the Defendant suffered from fertility from around 1998, in full view of the background, process of the crime, the Defendant’s behavior before and after the crime, etc., it does not seem that the Defendant’s ability to discern things or make decisions is weak, and thus, the Defendant’s assertion of mental and physical disorder is without merit.

(c)

With regard to the unfair argument of sentencing by the defendant and the prosecutor, it is appropriate to sentence 10 months to the defendant, considering the overall circumstances favorable or unfavorable to the defendant as stated in its reasoning, and it does not seem that the defendant is too heavy or too minor, as alleged by the defendant, as argued by the prosecutor.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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