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(영문) 서울북부지방법원 2017.04.27 2017노499

상해등

Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the grounds of appeal is too unreasonable because the punishment (eight months of imprisonment) imposed on the defendant is too unreasonable.

Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant agreed smoothly with the victim H, the court below has already determined the punishment by taking into account the circumstances favorable to the defendant, that the defendant has been subject to punishment several times for the same kind of crime, that the victim C submitted a written agreement to an investigative agency, but the victim C has reversed it in the court of the original instance but failed to express its intention to punish again, and that other various circumstances, which are the conditions for sentencing as shown in the records and arguments, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, are determined within a reasonable and appropriate scope, and it is not determined that the sentencing of the court below is unfair because it is excessively unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.