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(영문) 인천지방법원 2018.12.05 2018노3332

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence (six months of imprisonment) imposed by the defendant is too unreasonable.

2. We examine the judgment, and consider various sentencing conditions as shown in the records and arguments of this case, even if considering the circumstances asserted by the Defendant on the grounds of appeal, the sentence of the court below is too unreasonable.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, the Defendant’s appeal is dismissed under Article 364(1) of the Criminal Procedure Act on the following grounds: (a) the 12th sentence of the judgment below on the ground that ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure is “an aggravated punishment for concurrent crimes”; (b) the 13th sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is “Article 37, Article 38(1)2, and Article 55(1)3 of the Criminal Act”; and (c) the 14th sentence of the 15th sentence in the same face is corrected, respectively.