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(영문) 청주지방법원 2015.04.10 2014노1095

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for four months, one year of probation, and 80 hours of community service) declared by the court below is too unreasonable.

2. The circumstances are that the Defendant recognized the instant crime and divided his mistake in depth, and that the Defendant appears to have committed contingent crimes of this case are favorable to the Defendant.

However, the crime of this case was committed while criminal procedure was in progress due to the same victim's defamation, etc. and the violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

In addition, considering the fact that the Defendant had been convicted of 4 times due to violence since 2000, and the favorable circumstances mentioned above have already been reflected in the judgment of sentencing of the lower court, and other various circumstances that are conditions for sentencing, such as the Defendant’s age, character, conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., even considering that community service 80 hours are considerably limited to the Defendant’s mother’s nursing care, the lower court’s sentencing is too unreasonable.

The defendant's ground of appeal cannot be accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.