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(영문) 의정부지방법원 2017.02.01 2016노3354
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

A. Of them, each of the crimes in this case committed continuously, such as committing a crime committed during the period of repeated crime, is considered to be disadvantageous to the Defendant.

All of the sentencing conditions in the instant case, such as the motive, means and result of the commission of the crime, the circumstances after the commission of the crime, the defendant's age, sexual conduct and environment, and the scope of the recommended punishment in the sentencing guidelines of the Supreme Court (at least one year of imprisonment

1. Class 1 Crimes (Crime of Bodily Injury): Group of violent crimes, general bodily injury, Type 1 (General Injury), basic area, imprisonment with prison labor for not less than 4 months to 1 year and six months;

2. Second-class crime (damage to a person's property on July 9, 2016): Group of damaged crimes, general standards, first-class (damage to property), area to be mitigated (where the actual damage is minor: the same repeated crime of the same kind, person to be specially mitigated, person to be specially mitigated, and person to be specially mitigated: 1 month to six months of imprisonment;

3. Crimes No. 3 (Destruction of one’s own property on July 4, 2016): In full view of the group of damaged crimes, general standards, types 1 (Destruction of property), mitigation area (where actual damage is minor: the same repeated crime of repeated crime of the same kind, special mitigation factor: actual damage): from January to June of imprisonment, the scope of recommended punishment according to the standards for multiple crimes: Imprisonment for at least one year [the crime of bodily injury set out in the sentencing guidelines, special injury for which no guidelines are set, violation of the Guarantee of Automobile Compensation Act, violation of Road Traffic Act (non-licensed driving), violation of the Road Traffic Act (non-licensed driving), and the former concurrent crimes under the former part of Article 37 of the Criminal Act, the lower limit is set in the sentencing guidelines set in the sentencing guidelines set, and the latter part of the sentencing guidelines set in the sentencing guidelines set in the respective property damage crimes, and the latter shall be amended according to the applicable range of the special injury crimes], it cannot be deemed that the sentence of the lower court is excessively unfair.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure).

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