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(영문) 수원지방법원 2019.01.10 2018노6873
특수상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant reflects his wrong, the punishment of the court below (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. There are circumstances favorable to the Defendant, such as: (a) the fact that the Defendant appears to have committed the crime of special injury in this case by contingency due to the cost incurred in the drinking place; (b) the Defendant agreed with the victim of the damage to co-owned property; (c) the Defendant recovered the damage; (d) the instant fraud was committed in attempted crimes; and (e) the Defendant had no record of criminal punishment in the Republic of Korea.

On the other hand, the crime of special injury in this case was committed by the defendant and his behaviors, etc. causing injury to the victims, which is highly dangerous, and the degree of injury to the victims is not less than that of the victims, and the defendant served as the cash receipt and withdrawal measures for the crime of Bosing fraud. In addition, considering the harm caused by the crime of Bosing fraud, the defendant's strict punishment against the defendant is inevitable.

In full view of the above circumstances and other conditions of sentencing, including the defendant's age, character and conduct, environment, background of the crime, method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be too heavy, or unreasonable because it is too unreasonable.

3. The appeal of this case by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

However, under Article 25 (1) of the Regulation on Criminal Procedure, the judgment of the court below which is obvious that it is a clerical error is ex officio.

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