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(영문) 서울남부지방법원 2017.12.21 2017노2137
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is against the depth of the defendant, and the defendant's knife was intended to take the knife the knife from the damaged person, and merely intended to take the knife the knife, and the victim was injured as the body fighting was proceeded, the degree of damage suffered by the victim is not much serious, the defendant did not have any criminal record exceeding the fine, and the defendant's health condition and economic situation is very difficult. In light of the above, the punishment of the court below (one year of imprisonment) is too unreasonable.

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

The defendant made intimidation to the victim living together with a knife, and knife, knife, and knife with the victim living together with knife.

The Defendant did not agree with the victim or did not take measures to recover from damage, even though the victim suffered significant physical and mental harm due to each of the instant crimes, until the victim was in the trial.

In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the reasons for sentencing of the lower judgment on the grounds of appeal, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unlimited and it is not determined that the Defendant exceeded the reasonable scope of discretion.

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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