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(영문) 의정부지방법원 2015.04.24 2015노342
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (4 months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant made a confession of the facts constituting the crime of this case and made a statement that the Defendant was able to repent of the facts of the crime of this case in depth; (b) the Defendant’s family and branch members want not repeat again; (c) the Defendant’s family and branch members want the wife; (d) the Defendant was a contingent crime under the influence of alcohol; and (e) the Defendant did not have the same criminal record and has no other penalty power, etc.

However, in light of the means and results of the instant crime committed by the Defendant, and the degree of damage, etc., it seems that the nature of the crime has not been somewhat weak in light of the victim’s agreement or complete damage recovery until now, and the network to restore damage in the future seems to be imminent. Considering the various circumstances, the court below appears to have sentenced four months to the least amount of imprisonment with prison labor, which is the sentencing guidelines set forth in the sentencing guidelines, in full view of various circumstances, and there is no special change in circumstances that may change the sentence of the court below at the time of the trial, and in full view of other various circumstances, including the Defendant’s age, character, character, behavior, intelligence and environment, motive, means and consequence of the instant crime, circumstance and consequence of the instant crime, family relationship, health status, criminal record, etc., the Defendant’s argument is not reasonable since the sentence imposed by the court below is inappropriate and excessively unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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