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(영문) 서울남부지방법원 2016.12.02 2016노1997

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant committed the instant crime under the influence of alcohol, etc., the sentence of the lower court is too unreasonable.

2. Determination ① The fact that the Defendant recognized the instant crime, and that the victim A expressed his intent not to have the Defendant punished at the investigation stage is favorable.

② However, even though the Defendant had the record of having been punished several times as violent crimes, the Defendant again committed the instant crime even though he/she had the record of having been sentenced to suspension of indictment due to performance and obscenity, and the Defendant was arrested as a flagrant offender by committing a crime under paragraph (1) of the judgment on May 20, 2015, and after being released as a flagrant offender, Article 3-A of the judgment on May 21, 2015.

The crime of subsection 3-B, which was arrested as a flagrant offender for committing the crime, was released again.

paragraphs (1) through (4)

In full view of all the circumstances that form the conditions for sentencing, such as the background, means, and consequence of the instant crime and the circumstances after the instant crime, etc., the sentence of the lower court cannot be deemed to be excessively unreasonable.

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