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(영문) 서울남부지방법원 2018.11.13 2018노1700

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects his mistake, and the injured person does not want the punishment against the defendant by agreement with the victim, etc. are favorable to the defendant.

However, the crime of this case is a bad thing in light of the type of crime, instrument, and degree of damage, etc., in which the defendant, while making a verbal dispute with the victim, has taken the face of the victim in drinking, has taken the hump of the hump, has taken the hump of the hump of the hump of the victim, and caused the hump to

The defendant has already been subject to criminal punishment several times due to violent crimes, and there is a high possibility of criticism because he/she again committed the crime of this case without being aware of during the suspension of execution and protection observation period due to the same crime.

Although the defendant has been subject to multiple criminal punishment, it is inevitable to punish the defendant, since he/she repeatedly commits a crime, and clearly shows violent tendency to other persons, and it is necessary to isolate the defendant from society for a certain period corresponding to the criminal liability.

In addition, considering all of the sentencing circumstances shown in the records and theories of this case, such as the defendant's age, sex, family environment, background of the crime, and circumstances after the crime, the sentence of the court below 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.