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(영문) 의정부지방법원 2016.09.28 2016노1901

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court rendered against the Defendant (one year and two months of imprisonment) is unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the commission of a crime; and (b) the fact that the Defendant’s parents and siblings died in order to lose their nearest families during the period in which the Defendant’s punishment is not open.

However, the crime of this case is an unfavorable circumstance to the defendant, inasmuch as the victim inflicted bodily injury upon the head and chest of a female victim by making the head of a female victim, which is a dangerous thing of the defendant, and the crime of this case was committed again during the period of repeated crime of approximately four months after having been sentenced to imprisonment for a period of two years due to the same kind of violent crime, and the execution thereof was completed, and the defendant again committed the crime of this case was committed during the period of repeated crime of approximately four months, since he was sentenced to imprisonment for the same kind of violent crime; there was no measure to recover damage; there was no agreement with the victim; there was a history of punishment for the same kind of violent crime of approximately twenty times; among them, there was five times the past record of having been sentenced to punishment, and even before that day, the defendant was punished due to the same veterinary crime of the same kind of violent crime of which the head was made by the disease like the crime of this case.

In full view of these circumstances and the motive, means, and result of the commission of the crime, the circumstances after the commission of the crime, the age of the defendant, sexual conduct, and environment, there is no sentencing guidelines for the crimes falling under Article 258-2(1) of the Criminal Act as in this case, as in this case;

The sentence of the lower court is too unreasonable due to its excessive reason.

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.