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(영문) 대구지방법원 2018.05.18 2018노594
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 (ten months of imprisonment) is too unhued and unfair.

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

2. In light of the following: (a) the prosecutor’s judgment and the Defendant’s respective arguments of unfair sentencing together with each other; (b) each of the instant crimes was committed by using dangerous articles; (c) the victim’s head was bad; and (d) the victim was repeatedly committed two times during the suspended execution period due to a special injury as stated in the judgment of the court below; and (c) the victim C is vulnerable to the crime with disabilities of class 2, intellectual disability; and (d) the victim C should be punished with severe punishment.

However, in full view of the Defendant’s age, sex, environment, family relationship, motive, circumstance, means and consequence of the instant crime, etc., and all of the sentencing conditions specified in the records and pleadings, including the fact that the Defendant recognized the instant crime and reflects on the nature of the injury, the degree of injury is relatively minor, the institution in charge of protecting and observing the protection and observation in a relatively sincere manner, against the instruction and supervision of the protection and observation officer among the protective observation observation agencies, and the Defendant’s age, sex, sex, environment, family relationship, motive and circumstance of the instant crime, means and consequence, the sentence imposed by the lower court exceeded

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, 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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