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(영문) 서울남부지방법원 2015.11.19 2015노1147
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of two years, probation, and community service order of 120 hours), which the court below sentenced to the defendant, is too unreasonable.

2. We examine the judgment, the probation, and the community service order may bring practical difficulties to the defendant's social activities. However, there is no change of circumstances after the judgment of the court below, and the significance of the probation system (Probation is not a punishment, but a security measure, not a punishment on past illegal acts, but a combined measure to protect the offender from future danger and defend the society. Considering the contents and types of the crime committed by the person subject to probation, the contents and types of the crime committed by the person subject to probation are specified and individually, it is not deemed that the court below's improper reasons for appeal do not seem to have seen in light of the following circumstances: (a) the purpose of the probation system and the social service order system (the prevention of recidivism through the correction of the person subject to probation) by imposing matters that restrict the freedom of the person subject to probation for a certain period of time, by ordering the person to engage in a normal social life instead of detention in prison, and at the same time, to serve as remuneration for a designated period of time; (b) the function of compensating for society and the function of reconciliation and reconciliation with society).

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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