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(영문) 제주지방법원 2020.01.30 2019노921
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (Confiscation for 3 years and 6 months of imprisonment and No. 1) that the court below pronounced is too weak or unreasonable.

2. The crime of this case was committed by the Defendant with an engine saw, which is a dangerous object without participating in the composition while the Defendant was in a serious issue with the victim, such as the beginning of the punishment, and the Defendant saw the engine saws as a dangerous object, and brought an injury to the victim, such as the depth of the heart and the complete heat in the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of 20 weeks

Although the diagnosis of the victim is indicated as requiring 20 weeks of medical treatment, it is difficult to expect that damaged flag or neves will function fully even after undergoing 20 weeks of medical treatment, and the victim is more likely to have permanent disability and live.

At the time of the crime of this case, the children of the victim were at the scene, and the father's son's son's son's son's son's son's son's

Nevertheless, the defendant did not recover from the victim's damage or receive a letter from the victim, and the victim and his family members want to punish the defendant.

In full view of the above circumstances, since the sentence imposed by the court below is too unhued and unfair, the prosecutor’s assertion disputing this is with merit.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the appeal is again ruled as follows

(1) The Criminal Procedure Act provides that “The defendant’s appeal shall not be justified, but shall not be dismissed separately from the disposition of the court below, unless the court below accepted the prosecutor’s appeal and reversed the judgment of the court below.”

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