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(영문) 수원지방법원 2015.04.17 2015노508

폭력행위등처벌에관한법률위반(공동상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant, such as the confession and reflection of the defendant, may be considered.

However, there are many circumstances disadvantageous to the defendant, such as the fact that the defendant has been subject to criminal punishment of up to ten times, including three times of imprisonment for the same crime, the fact that he/she again commits the crime of this case even though he/she is during the period of repeated crime due to the same crime, the fact that the nature of the crime is bad, the degree of injury of the victim is very heavy, and the fact that he/she did not agree with the victim.

In this context, considering the following factors: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, conditions of sentencing and the fact that the lower court determined the punishment within the scope of the recommended sentencing guidelines, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

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.