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(영문) 서울북부지방법원 2021.03.26 2020노1911
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the Defendant, in the first instance court, denied the instant crime and recognized it in the first instance court, but this does not appear to have been changed to the extent of changing the circumstances to which the lower court’s sentencing would be changed. However, even if the lower court’s sentencing was deemed to have been exceeded the reasonable scope of discretion by comprehensively considering various factors, including various circumstances considered in the sentencing, etc.

It does not seem to be too unreasonable.

In particular, the crime of this case is more so taking into account the fact that the victim has been injured with a kitchen knife, which is a dangerous object, and the nature of the crime is significant in light of the motive of the crime, the background and method of the crime, etc., the degree of the victim's injury is serious, and the victim's severe mental impulse is expected to be punished until now, and the defendant has been punished several times including the same crime, and the defendant has the history of punishment including the same crime, and the degree of criticism is great without being aware of the fact that the crime of this case has been committed even during the suspension period of the same crime.

Therefore, 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.

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