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(영문) 서울중앙지방법원 2016.08.19 2016노1854

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (6 months of imprisonment) sentenced by the first instance court on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Although the Defendant made an agreement with the victim by breaking his mistake, the Defendant agreed with the victim.

Even if the defendant conspireds merely for the reason that the crime was committed, and thus, the nature of the crime is not good, such as inflicting a bodily injury on the victim, and the defendant committed the crime of this case even though he had been already sentenced to imprisonment or heavier punishment over several times due to the same violent crime, and there is no change in sentencing conditions that may be particularly considered in the appellate trial, and other circumstances that include the defendant's age, sex, sex, environment, family relationship, health status, motive, means and consequence of the crime, and the circumstances after the crime, etc. are examined in detail, it is difficult to view that the sentence of the first instance court is unfair because it is too excessive, even considering all the circumstances asserted by the defendant.

Therefore, the defendant's argument that the above sentencing is unfair 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.