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(영문) 서울중앙지방법원 2021.01.29 2020노3149

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too heavy in light of the following circumstances: (a) the Defendant reflects the Defendant’s depth in committing the instant crime; (b) the Defendant committed the instant crime by drinking alcohol; and (c) the Defendant was punished once by a fine due to assault and assault; and (b) the Defendant did not have any past conviction.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), compared to the lower court’s judgment, there is no particular change in the terms and conditions of sentencing compared with those of the lower court. In full view of the reasons for sentencing revealed in the course of the argument of the instant case, the lower court’s sentencing was too excessive and so, exceeded the reasonable scope of discretion.

It does not appear.

The defendant's argument of sentencing is without merit.

3. 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.