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(영문) 서울중앙지방법원 2018.04.19 2017노4846

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (two years of imprisonment, confiscation) is too unreasonable.

2. There are extenuating circumstances, such as the confession of the accused to commit the crime, the fact that the accused is divided, the elderly and health is not good, and the fact that the recipient of the basic living is economically difficult.

However, considering the fact that the defendant had been subject to criminal punishment more than 10 times due to acts of violence, theft, damage of property, etc., the crime of this case is likely to cause the face of the victim with the kyman road, and the defendant was in possession of the kyman in advance and prepared for excessive progress while finding the victim, it is difficult to view it as contingent. The crime of this case has not been recovered even though the victim suffered serious injury due to the crime of this case, and other various circumstances that are conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, circumstance and consequence after the crime, etc., are too unreasonable since the court below's punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.