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(영문) 인천지방법원 2019.09.06 2019노1752

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following circumstances, the lower court’s punishment is too excessive and it is difficult to view that the lower court’s punishment goes beyond the reasonable scope of discretion, taking into account the following circumstances: (a) the Defendant was subject to punishment several times for the same kind of crime; (b) the Defendant committed the instant crime during the period of repeated crime of the same kind of crime; and (c) the Defendant’s age, character and behavior, environment, motive, means, means, and consequence of the instant crime; and (d) the circumstances constituting the sentencing conditions specified in the instant records and arguments, including the circumstances after the commission of the crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.