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(영문) 의정부지방법원 2019.06.20 2019노921

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the sentence of the court below shall be sentenced to imprisonment with prison labor for ten months);

2. There are circumstances that can be taken into account, such as the fact that the defendant recognized the crime and appears to reflect the victim's injury, and the degree of injury suffered is relatively heavy.

However, the Defendant was sentenced to imprisonment for eight months for the same crime and committed the instant crime during the period of repeated crime for which three months have not passed since the execution of the sentence was terminated on December 24, 2017, and was sentenced to imprisonment for the same crime, and the Defendant had a record of criminal punishment exceeding 20 times including the same crime, in addition to the foregoing repeated crime, and did not seem to have been sentenced to criminal punishment more than 20 times, including the same crime, and did not appear to have been used by the victim and made efforts for the recovery from damage. In full view of all other circumstances, the Defendant’s sentence against the Defendant is not too heavy beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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