특정범죄가중처벌등에관한법률위반(보복상해등)등
The defendant's appeal is dismissed.
1. Where there is no change in the conditions of sentencing compared to the original court’s judgment on the unfair argument of sentencing, and the sentencing of the original court is not beyond the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, the elements of sentencing alleged by the defendant have already been deliberated in the course of pleadings in the original court, and are deemed to have sufficiently taken into account the determination of the sentence against the defendant, and there is no change in the conditions of sentencing compared with the original court’s lack of new materials of sentencing.
In addition, considering all the circumstances favorable to the defendant, such as the fact that the crime of this case was committed as a retaliation against the police report of the victim, and that there are several criminal records, such as the same kind of violence, etc., the crime of this case is not good, and the defendant has been committed several times of criminal records, etc., the court below’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion, even if considering all the circumstances favorable to the defendant, such as the victim’s injury and damage to property is insignificant, and the victim does not want punishment.
Defendant’s assertion disputing the propriety of sentencing in the lower court is not accepted.
2. The defendant's appeal is dismissed on the ground that it is without merit.