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(영문) 대구지방법원 2017.12.14 2017노4481
특수상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below's each punishment (one year of imprisonment and one million won of fine) declared by the defendant is too unreasonable.

B. The Prosecutor’s each sentence sentenced by the lower court is too uneasible and unreasonable.

2. The lower court sentenced each of the above punishments in consideration of favorable circumstances, such as the following: (a) the Defendant’s mistake is against himself/herself; and (b) the fact that the victim’s body was injured by the knife branch of the shouldered main branch by a knife, etc., and the method of crime is not good; (c) the crime is committed during the probation period due to fraud; (d) the juvenile protective disposition record due to violent crimes was committed; and (e) the Defendant’s mistake is against himself/herself; and (e) the fact that the victim appears to have been committed due to sudden

In full view of all the sentencing conditions, including the Defendant’s age, sexual conduct, environment, health, the background and consequence of the commission of the crime, means and result, scale of the crime, and circumstances after the crime, other than the circumstances considered by the court below, the sentence sentenced by the court below seems to be appropriate, and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There is no circumstance in which the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that each sentence imposed by the lower court is too heavy or unfasible as alleged by the Defendant or the prosecutor, and thus unfair.

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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