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(영문) 광주고등법원 2017.08.31 2017노247

특정범죄가중처벌등에관한법률위반(보복상해등)등

Text

The defendant's appeal is dismissed.

Reasons

1. In a case where there is no change in the sentencing conditions compared to the lower court’s determination on the Defendant’s unfair assertion of sentencing, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new data on sentencing, and there is no change in the sentencing conditions compared to the lower court

In addition, comprehensively taking account of the circumstances unfavorable to the defendant, such as the fact that the defendant led to the confession of the crime, and the victim does not want the punishment of the defendant, etc., the circumstances favorable to the defendant, such as the poor circumstances and quality of the crime, and the fact that the defendant had been punished several times due to the crime of injury, etc., the sentence of the court below exceeded the reasonable scope of discretion by excessively neglecting the punishment of the defendant

shall not be deemed to exist.

The defendant's assertion that the sentencing of the court below is unfair is not accepted.

2. Conclusion, the Defendant’s appeal is dismissed for lack of grounds.