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(영문) 서울고등법원 2019.05.23 2019노625
중상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and was detained for a considerable period of time in depth.

In this case, while the victim was fighting between the defendant and C, the victim was satisfyed with the face of the defendant's face first, and the defendant committed violence against the victim by satisfying the defendant's face. In the occurrence of the crime of this case, the victim is also responsible

The Defendant suffered injury caused by the above assault by the victim, resulting in the aggravation of her bones, etc.

On the other hand, the Defendant was receiving from August 2017, and was under the Defendant’s disease treatment. However, since the day of the instant case, the instant case committed the instant crime by contingently, when there was a lot of dispute as mentioned above while drinking together with the victim, etc. on the same day.

The mother of the defendant paid 40 million won to the injured party, and the mother of the injured party expressed his intention that the injured party does not want the punishment.

There is no criminal offense exceeding the fine against the defendant.

These circumstances are favorable to the sentencing of the defendant.

However, such various circumstances seem to be fully considered when the defendant alleged in the lower court or when the lower court determines the sentence.

The above circumstances and various circumstances described in the “decision of sentence” column of the lower judgment, in particular, the Defendant’s excessive assault led to serious injury that the victim was unable to move together due to the recognition and functional disorder, the left-hand side vision, and the verbal disorder, etc., but the possibility of a full recovery is not high, and the physical function is anticipated to be considerably lost even if partially recovered, and the Defendant’s age, character and behavior, the environment, the relationship with the victim, the motive for the crime, and the circumstances after the crime.

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