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(영문) 광주지방법원 2016.11.24 2016노2856

상해

Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the judgment defendant led to the confession of the crime of this case and reflects against the defendant is favorable to the defendant.

On the other hand, the following is disadvantageous.

The crime of this case is highly likely to be subject to criticism that the defendant inflicted bodily injury on the elderly victim without any special reason.

The victim was unable to receive a letter of suspicion from the victim.

Defendant was punished several times, including the suspension of imprisonment with prison labor for the same crime.

In addition, in full view of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., even if considering the circumstances favorable to Defendant, it is not recognized that the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

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