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(영문) 광주지방법원 2018.04.12 2018노775
특수존속상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (two years of imprisonment) is too unhued and unfair.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is a dangerous object while under the influence of alcohol and is a harming the victim, who is his father, thereby causing an injury, and is not good.

Defendant was sentenced to imprisonment for the same kind of crime and was released from prison, and then again committed the crime of this case without being contrary to the period of repeated crime.

On the other hand, the fact that the defendant acknowledges and reflects the crime, and that the victim does not want the punishment against the defendant by agreement with the victim is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor and the Defendant’s assertion are without merit, on the grounds that the lower court’s punishment is too weak or unreasonable.

3. The final prosecutor and the defendant’s appeal are all groundless, and they are all dismissed under Article 364(4) of the Criminal Procedure Act.

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