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(영문) 청주지방법원 2018.08.17 2018노293

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (amounting to KRW 12 million) is too unreasonable.

2. The lower court determined the sentence by taking into account the following circumstances as revealed in the lower judgment’s “reasons for sentencing”.

The favorable sentencing factors: The defendant committed each of the crimes in this case at the time of committing each of the crimes in this case; although the defendant appeared to repent of his mistake through four months of detention, although he did not reach the mental and physical weakness, he appears to have committed each of the crimes in this case after completing alcohol, and the victim does not want the punishment for the defendant. After the suspension of the execution of imprisonment with prison labor for violent crimes in 1998, the defendant was sentenced to imprisonment with prison labor for a crime in 1998, and there was no past record of punishment more severe than punishment than punishment by a fine. The crime in this case was damaged or abused the victims' property by using sculfs, which are dangerous things. In light of the situation and contents of the crime, danger, etc., the defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Daejeon District Court on December 4, 2014, the defendant committed each of the crimes in this case at the end of the sentence in this case, and determined the age of the defendant's health and behavior during the period of the crime in this case.

In contrast, the court below seems to have determined an appropriate punishment by taking into account the circumstances favorable to the defendant and unfavorable circumstances, and the defendant has many records of being punished for violent crimes, and the age, sex, environment, motive, means and consequence of the crime.