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(영문) 서울남부지방법원 2019.03.14 2018노2182

상해

Text

The defendant's appeal is dismissed.

Reasons

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

2. In full view of the following circumstances: (a) the victim did not receive a letter from the victim; (b) the Defendant had a record of being punished several times due to violent crimes; (c) there was no new special circumstance or change of circumstances that could be reflected in the sentencing after the sentence of the lower judgment was rendered; and (d) other circumstances, which are the sentencing conditions appearing in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, relationship with the victim, motive and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentencing does not seem to have

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless. It is so decided as per

[Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio the second and fifth "Investigation Report (related to the hearing of the other person's statement)" shall be corrected to "report on internal investigation (related to the hearing of the other person's statement)"] of the judgment of the court below.