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(영문) 서울북부지방법원 2018.11.09 2018노1297

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant (the imprisonment of eight months, the suspension of the execution of two years, and the community service order 120 hours) is too unreasonable.

2. As to the grounds for appeal by the defendant, the defendant recognized the crime up to the trial in question, and divided his mistake, and the above victim expressed his intention not to punish the defendant in consultation with the victim in the original trial.

The Defendant did not have any particular criminal history prior to the instant crime.

However, on the other hand, the court below seems to have determined the punishment in consideration of the above favorable circumstances for the defendant, and there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the court below.

In particular, the crime of this case is a case where a person who is a dangerous object for the reason that the defendant was dead and the victim suffered approximately four weeks of treatment for the victim, and the crime of this case is not good.

In full view of all other circumstances revealed in the pleadings, such as the Defendant’s age, sex, environment, the process and consequence of the instant crime, the circumstances after the crime, etc., it is not determined that the above sentence imposed by the lower court is too unreasonable because it is too unreasonable.

The above assertion by the defendant 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.