beta
(영문) 수원지방법원 2018.07.09 2018노2046

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Although there are favorable circumstances for the defendant, such as the fact that the defendant shows the attitude of recognizing and opposing the defendant's wrong, and that the victim E appears to have expressed his intention to not punish the defendant when the investigation was conducted prior to the judgment of the court below, the defendant was able to get the head of the victim D due to beer disease, and the degree of injury suffered by the victim D is light.

In addition to the fact that it cannot be seen that there is no change of circumstances that could reduce the sentence of the court below in the court below, and considering the defendant's age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., various sentencing conditions indicated in the records and changes theory, such as the records and changes after the crime, the sentence of the court below is judged to be appropriate, and it cannot be deemed unfair because it is excessively unreasonable.

The defendant's argument of sentencing is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.