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(영문) 서울서부지방법원 2017.09.21 2017노845
특수상해
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the Defendant include: (a) the confession of the instant crime; (b) the Defendant reflects his mistake; (c) there was no criminal conviction exceeding the fine; and (d) the Defendant agreed with the victim.

However, in this case, the defendant prices the snow of the victim as the main illness in the time of trial with regard to the construction cost of the victim, and the nature of the crime is not good. Accordingly, the victim's damage level such as entering the right side and the mouth is not weak. The lowest limit of the special injury of this case is one year of imprisonment, and the defendant is sentenced to a suspended sentence of imprisonment with prison labor with prison labor with the lowest amount that has already been mitigated, there is no change of circumstances that can be considered favorable to the defendant during the trial, and there is no other change of circumstances that can be considered favorable to the defendant. In full view of the defendant's age, sex, environment, means and method of the crime of this case, circumstances after the crime, etc., the court below's sentence is appropriate. Thus, the defendant's argument of the punishment 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.

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