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(영문) 서울중앙지방법원 2017.10.20 2017노1666

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (3 million won in penalty) declared by the court below is too unreasonable.

2. The fact that the Defendant appears to have led to the confession of the instant crime and to reflect the mistake is favorable to the Defendant.

However, the Defendant committed violence to the extent that the bones might be cut off on the ground that he was dead, and the nature of the crime is not very good in light of the relationship between the Defendant and the victim, the background leading up to the commission of the crime, and the details of the crime.

The Defendant had been sentenced to a fine due to the fact that he assaulted his daughters before the crime of this case, and the victim complained of constant domestic violence from the time of birth by the Defendant.

In full view of these circumstances, there is no special circumstance or change of circumstances that may be newly considered in sentencing at the appellate court, and other factors of sentencing, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment heavier than that of the Defendant, even considering all the circumstances asserted by the Defendant.

subsection (b) of this section.

Therefore, the 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.