상해등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.
2. A favorable circumstance is that the Defendant recognized the Defendant’s mistake from the police investigation stage to the trial court of the first instance, against the fact that the victim’s injury is relatively minor, and that the victim did not punish the Defendant by agreement with the victim.
On the other hand, the defendant has been punished several times for the same kind of crime, such as 5 times of drinking driving, 4 times of non-licenseless driving, and 8 times of violence-related crimes. In particular, the defendant was sentenced to imprisonment on February 11, 2014 for a violation of the Road Traffic Act (non-licenseless driving) and again committed the crime of this case on February 11, 2014, while being under probation for three years of probation, and the defendant's blood alcohol concentration is high.
In addition, since the various conditions of sentencing as shown in the arguments in this case, such as the background of the crime in this case, circumstances after the crime in this case, the defendant's age, sexual conduct, environment, etc., and the scope of recommended punishment according to the sentencing guidelines of the Sentencing Commission (the scope of recommended punishment for not less than one month) / [the scope of recommended punishment for not less than one month] of the special mitigation area (one month to one year), the minor injury (including a special mitigation person) / (1 and four types), the non-criminal (including a serious effort to recover damage), or considerable damage, are concurrent crimes such as violation of Road Traffic Act (driving) for which the sentencing guidelines have not been set, and the violation of Road Traffic Act (non-licensed driving) is not recognized to be unfair because the lower limit of the sentencing guidelines is too large, and the defendant's assertion 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.