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(영문) 인천지방법원 2017.03.10 2016노5398

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant, after committing the crime, recognized his mistake late after committing the crime, that the victims of the instant case did not want the punishment of the Defendant, and that there is a concern that the family's livelihood problems may arise due to the most recent detention of the Defendant, etc. can be considered in favor of the Defendant. However, there are such circumstances as above.

Even if the defendant has been punished more than 10 times for violent crimes, the defendant did not know himself during the period of repeated crime due to the same kind of crime, and the defendant committed each of the crimes of this case against the elderly victims on the ground that it is bad for him without any particular reason, and it seems that he committed the crime of this case against the elderly victims on the ground that it is relatively old and the victims who lack defense are likely to have caused considerable fear or apprehension due to the defendant's crime, and other unfavorable circumstances, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., are considered as the conditions for the punishment of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., it cannot be deemed unfair because the court below'

Therefore, the defendant's argument of sentencing is without merit.

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.