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(영문) 인천지방법원 2017.11.16 2017노3504

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (four months of imprisonment) is too unreasonable.

2. The judgment of the defendant seems to have led to the confession and reflect on the crime, and the victim did not want the punishment of the defendant.

It also takes into account the fact that it is a crime of mental and physical weakness.

There is also a situation in which the basic recipient is the basic recipient and the mother is dissatisfied with the appeal.

However, the criminal liability of the defendant is not against the law.

There are several criminal records and repeated crimes of the same kind.

Since it is deemed that the risk of recidivism is high since the crime was committed 10 days after the release, it is inevitable to isolate the suspect.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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