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(영문) 수원지방법원 2019.10.17 2019노3559

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

2. It is deemed that the circumstances are recognized, such as the Defendant’s confession of the instant crime and reflects his mistake, the Defendant paid the amount of damages immediately after the instant crime and agreed with the victim, and the Defendant has no record of punishment in the Republic of Korea, which seems to have been already considered in the sentencing of the lower court.

In addition, the crime of this case was committed by the defendant who is obvious about the number of mechanical operations of the victim, and caused two strings, etc. which require the victim's hair treatment for about two weeks due to the brush disorder. In light of the method and content of the crime, etc., the nature of the crime is very poor in light of the method and content of the crime, and the victim's hair can be died depending on the case. Thus, in full view of the circumstances such as the equity of sentencing and sentencing between the crime of this case and the like and similar cases, and other factors of sentencing as indicated in the argument of this case, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc., as well as the circumstances after the crime, it is not recognized that the punishment of the court below is too unreasonable even if it is considered that the defendant paid all damages according to the judgment rendered in the civil lawsuit by the victim at the trial of the defendant.

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.