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(영문) 광주지방법원 2017.09.19 2017노1984
특수상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal (one year and six months of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant, while the prosecutor filed each appeal by asserting that it is too unfasible and unfair for the prosecutor.

2. The Defendant appears to be relatively minor in the injury inflicted on the victim I, and the Defendant agreed with the above victim, and the Defendant became 20 years old on the side, which became 20 years old.

On the other hand, the Defendant, at the night-gu room, had the victim F head and had the victim F head at a 6th century. In light of the tool used, price ceiling, and the degree of injury of the victim caused thereby, the Defendant committed not only the crime, but also the crime was very heavy, and did not agree with the victim, but also the crime was committed while he committed a special bodily injury during the period of suspension of execution and was living for escape.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, 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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