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(영문) 인천지방법원 2018.02.02 2017노4520

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The fact that the defendant recognized his mistake and reflected his mistake is favorable to the defendant.

However, each of the crimes of this case committed repeatedly by the defendant seven times and repeatedly committed violence against the victim who is a female living together, and in addition, it is considerably significant that the crime was committed, and since one year has passed since the execution of imprisonment for the same kind of crime, it is not sufficient to commit such crime by repeatedly using violence against the victim, it has yet to reach an agreement with the victim, and no effort has been made to recover damage. In light of the unfavorable circumstances such as the fact that the defendant has been punished five times or more due to the same crime, and that there was a history of criminal punishment for the same kind of crime more than 28 times, even if considering the favorable circumstances as seen earlier, 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.