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(영문) 인천지방법원 2016.12.21 2016노2833

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for eight months of imprisonment, and eight hours of community service order) is too unreasonable.

2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant's mistake is recognized and the fact that the court below deposited money for the victims, etc. However, the crime of this case is not less severe than that of causing bodily injury to the victims as a steel processor, the defendant has been punished for the same kind of crime, there are many enemys who did not reach an agreement with the victims up to the trial, there are no special changes in circumstances after the decision of the court below, and there are no special changes in circumstances after the decision of the court below, and all the sentencing conditions in the records and arguments of this case, including the defendant's age, character, character, occupation and environment, motive and circumstance after the crime, etc., even if considering the favorable circumstances of the defendant as seen earlier, it is not recognized that the sentence of

Therefore, we cannot accept the defendant's above assertion.

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

However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the term "application of the law" of the judgment of the court below ex officio shall be corrected by correcting "Article 258-2 (1) of the Criminal Act" to "Article 258-2 (1) of the Criminal Act" of "Article 258-2 (1) and Article 258 (1) of the Criminal Act."

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