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(영문) 수원고등법원 2019.10.24 2019노334
중상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The defendant asserts that with respect to the punishment sentenced by the court below (three years and six months of imprisonment), the defendant is too unreasonable, and the prosecutor is too unhued and unfair.

Judgment

If there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the scope of reasonable discretion, it is reasonable to respect

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As to the instant case, there is no significant change in the sentencing conditions compared to the lower court in the first instance trial.

In light of the circumstances favorable to the defendant, there is no history of criminal punishment, the crime of this case is contingent, the directly surrenders to the police on the day of the case, the notification in 119, the defendant bears part of the medical expenses for the victim, and the attitude of misunderstanding is shown.

On the other hand, the crime of this case is an unfavorable circumstance against the defendant, such as the fact that the defendant unilaterally attacked the victim and caused serious injury by attacking the victim, which is the studio of the dormitory room room room, and that at the time, the defendant, even though the victim was used on the floor by completely losing his ability to resist by assault from the defendant, has been used in his ability to resist by assault, and additionally assessed the victim. The victim was hospitalized in the hospital for more than seven months due to the crime of this case, but the victim was hospitalized in the hospital for more than seven months, but there was a serious obstacle to physical function, such as decline in recognition function, etc., but the victim and his family members have not been able to properly recover from damage to the victim, and that the victim and his family members request a severe punishment against the defendant.

In full view of the following circumstances: the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various sentencing conditions as shown in the instant records and arguments, such as circumstances after the crime, the sentence imposed by the lower court.

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