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(영문) 광주지방법원 2021.02.09 2020노2639

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The following are favorable circumstances: (a) the Defendant recognized the instant crime; and (b) the fact that the victimized person was not punished by the Defendant due to the smooth agreement with the victimized person; (c) the Defendant has been committed several times, including the suspended sentence of imprisonment with prison labor; and (d) the Defendant committed the instant crime without being aware of it during the suspended sentence due to the violent crime; and (e) the degree of the injured person’s injury is serious.

There is no special relationship or change in circumstances that can be newly considered in this court (the defendant's mother paid KRW 1,00,000 to the victim additionally in this court, but such circumstance alone is difficult to evaluate the original court's punishment as a special change in circumstances that could change the defendant's age, sexual conduct, family relationship, circumstances after the crime, and various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sexual conduct, family relationship, circumstances after the crime, etc., are too unreasonable.

Defendant’s assertion is not accepted.

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.