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(영문) 수원지방법원 2016.10.27 2016노5547
특수상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the judgment and prosecutor’s arguments.

The defendant seems to have recognized the crime of this case and against the mistake, and the fact that the defendant has no record of criminal punishment in Korea is favorable to the defendant.

However, the crime of this case is a situation unfavorable to the defendant, such as: (a) the defendant took several times in the body of the victim E with a view to the escape of the defendant; and (b) took several times in the face of the victim; and (c) the degree of violence inflicted by the defendant and the degree of the injury inflicted on the victim is relatively more serious; (d) however, the damage of the victim caused by the crime of this case is deemed not to have been properly recovered.

In full view of the sentencing conditions, such as the Defendant’s age, character and conduct, environment, and family relationship, it is difficult to deem that the sentence imposed by the lower court is too heavy or unreasonable.

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

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