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(영문) 인천지방법원 2018.02.21 2017노4804

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant’s mistake was late, the victim did not want the punishment of the Defendant; and (b) the fact that the instant crime was contingent.

However, there is a significant degree of injury suffered by the victim due to the crime of this case to the extent that the victim needs to be treated for about 6 weeks, from the time when the defendant was sentenced to imprisonment for 8 months in the crime of injury, and 2 years in the suspension of execution from the time when the punishment for the crime of this case became final to the point that the crime of this case is not sufficient to commit the crime of this case, and that there are several records that the defendant was punished for violent crimes, etc.

The scope of the recommended sentence prescribed in the sentencing guidelines set out in the sentencing guidelines of the Supreme Court and the sentencing guidelines of the Supreme Court (from April to June), [the scope of the recommended sentence] the basic area (from April to January 1) (special sentencing factors) of the basic area (the sentencing guidelines for violent crimes) (the scope of the recommended sentence) (the special sentencing factors): The aggravated factors of the punishment: serious injury: the defendant's age, sexual behavior, environment, motive and means of crime, etc.; considering various sentencing conditions as well as the records and arguments of this case, the sentence of the court below is too unreasonable.

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.