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(영문) 의정부지방법원 2018.04.23 2017노2978
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor asserts that the reasoning of the appeal is too unafford and unfair as it is too unafford in the sentence imposed by the court below (two years of suspended sentence for one year of imprisonment, two hundred hours of community service, confiscation).

2. The instant crime is acknowledged in light of the following facts: (a) the instant crime was committed with golf loans, which are dangerous objects of the Defendant, resulting in injury to the victim, such as the victim’s head and the side flasium, which requires approximately four weeks of medical treatment; and (b) the instant case was not negligible; and (c) the Defendant did not receive any flas from the victim until the heart of the case.

However, considering the following circumstances: (a) the Defendant recognized his mistake and reflects the Defendant; (b) the primary offender who has no past punishment record is considered as favorable to the Defendant; and (c) the Defendant’s health condition is not good to the extent that he has to obtain blood dosage three times a week due to kidy disability 2; (b) the Defendant suffers from economic difficulties as a recipient of basic living benefits; and (c) there are no special circumstances or changes that may be newly considered in sentencing after the sentence of the lower judgment; and (d) the Defendant’s age, sex behavior, environment, motive and background of the crime, means and method of the crime; and (e) the circumstances that form the conditions for sentencing as indicated in the argument and the record of the instant case, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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