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(영문) 서울북부지방법원 2019.02.01 2018노1841
상해
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months; imprisonment for not more than two months; imprisonment for not more than eight months; imprisonment for not more than two years; community service for not more than 120 hours; and lecture for violent therapy for not more than 40 hours) is too unreasonable;

2. Determination

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

The circumstances alleged by the Defendants as favorable factors for sentencing in the trial court have already been revealed in the proceedings of the trial of the court below, and there is no change in the circumstances favorable to the sentencing criteria after the sentence of the court below was pronounced.

In light of the fact that the crime of this case by Defendant A was committed by the victim, the degree of injury suffered by the victim is not less than that of the victim, etc., the quality of the crime is bad.

Defendant

A has a record of criminal punishment over 27 times in total, and 26 times among them are the same crimes as the crimes in this case.

The instant crime was committed during the period of repeated crime due to the same crime.

The age of Defendant A;

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