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(영문) 서울중앙지방법원 2018.04.19 2018노163

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal (unfair sentencing) and the various circumstances of this case, the sentence imposed by the court below against the defendant (4 months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following: (a) the defendant recognized the crime of this case as one of the defendants and reflected his mistake; (b) the degree of injury to the victim is not much severe; and (c) the victim does not want to be punished against the defendant by agreement with the victim; and (d) the victim is also liable to a certain degree of the occurrence of the crime

There are favorable circumstances such as the visible point.

However, it is inevitable that the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Seoul Central District Court around August 21, 2014 and sentenced the Defendant to the crime of this case during the repeated crime period without being aware of the completion of the execution of the sentence on December 19, 2014. The above favorable circumstances and the relation between the crime of this case and the concurrent crimes of the latter part of Article 37 of the Criminal Act with the relationship between the crime of fraud by using the computer, etc. as stated in the judgment of the court below where the judgment became final and conclusive and the crime of this case was committed concurrently with the crime of fraud by using the aforementioned computer, etc., and the equity should be considered in the case of the judgment at the same time as the crime of fraud by using the above computer, etc. In addition, even if the Defendant’s age, sexual behavior, environment, motive, means and consequence, the above circumstances after the crime were comprehensively considered, and thus, it is not recognized that the lower court’s punishment is too unreasonable.

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