beta
(영문) 광주지방법원 2014.01.29 2013노2513

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (three months of imprisonment) is too unreasonable.

2. The judgment is against the Defendant’s confession of the facts of the crime, and it is recognized that the Defendant agreed with the victim, but this case was sentenced to 8 years of imprisonment with prison labor on November 8, 2012 due to the crime of violation of the Act on the Punishment, etc. of Sexual Crimes (Rape, etc.) in the Gwangju District Court’s net support on November 8, 2012, and the Defendant inflicted an injury by assaulting the same prisoner in the course of execution of the sentence in the Gwangju Correctional Institution. The nature of the crime is poor, the degree of the injury the victim suffered (aggravating the off of 3 weeks) is serious, and the Defendant has two times of punishment for the same crime, two times of suspended sentence, two times of fine, seven times of punishment for the same crime, and other various circumstances that form the conditions for the sentencing in the records and arguments of the case, it is not recognized that the sentence of

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