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(영문) 부산지방법원 2018.01.12 2017노4159
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing for each sentencing) of the lower court’s punishment is too heavy or (the Defendant) it is too unhutiled.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

It is possible to consider the circumstances favorable to the defendant, such as the fact that the defendant's family members and branch members reflect the defendant's wrongness late, and the fact that the defendant's family members and branch members want the wife.

On the other hand, despite the fact that the defendant had been punished for the suspension of execution due to a similar crime, he injured a female victim by putting dangerous articles (as the ice lease) against the victim, and the victim complaining of the aftermathing, etc. without receiving any particular compensation, etc. is disadvantageous to the defendant.

In addition, taking into account the various circumstances that form the sentencing conditions, such as the Defendant’s age, sex, environment, etc., the lower court’s punishment is too heavy or unreasonable in light of equity with the punishment of similar cases.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

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

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