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(영문) 수원지방법원 2017.06.15 2016노8015

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one hundred months of imprisonment and two years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.

2. It is recognized that the judgment of the defendant recognized the crime of his/her own, the record of the crime in Korea is not confirmed, the victims do not want the punishment of the defendant in agreement with the victims, and it appears that the defendant used dangerous articles and did not assault the victims.

However, in light of the developments of the instant case, the following: (a) four other victims, including the Defendant, committed assaulting the Victim H by combining them; (b) the Defendant committed an act of assaulting the other victims; (c) the degree of injury suffered by the victim H is considerably poor; (d) the Defendant’s act of assaulting the crime of this case was committed immediately after the commission of the crime of this case; and (e) other factors on the records of the instant case, such as the Defendant’s age, environment, sex behavior, circumstances and motive of the crime, and circumstances after the commission of the crime, etc., the lower court’s sentencing cannot be deemed to be unfair because it is excessively unreasonable; and (e) 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.