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(영문) 서울남부지방법원 2018.05.04 2018노95
특수상해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two months of imprisonment) is too heavy or (the Defendant) and (the prosecutor) is too unfilled.

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

The defendant has a record of criminal punishment twice for the same crime, and the method of the crime of this case seems to be very dangerous and to have a big degree of damage, and the fact that the defendant did not receive a letter from the injured party is disadvantageous to the defendant.

However, it is favorable to the defendant that the defendant recognized his mistake, and the defendant seems to have committed the crime of this case in a contingent manner after hearing the horses that would be neglected by the injured person, and that the circumstances are considered.

The lower court appears to have determined the sentence in full consideration of the aforementioned overall circumstances, and comprehensively taking account of all the sentencing conditions expressed in the records and changes in the instant case, the sentence imposed by the Defendant is deemed appropriate, too heavy or less.

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

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