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(영문) 인천지방법원 2017.12.13 2017노4068
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (eight months of imprisonment) is too unreasonable.

2. In light of the circumstances asserted by the Defendant on grounds of appeal, the lower court’s sentence is too unreasonable, even if considering the following factors: (a) although the Defendant agreed to the victim I even with the victim I; (b) the content of each of the instant crimes committed during the period of suspension of execution is considerably inappropriate (the current period of suspension of execution expired) and various sentencing conditions indicated in the instant records and pleadings.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below (Provided, That since it is evident that the application column of the law of the court below was omitted with respect to the ordinary concurrence, pursuant to Article 25(1) of the Rules on Criminal Procedure, “the pertinent Article of the law and the choice of punishment concerning the 1. criminal facts” in the application of the law of the court below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure shall be corrected as “the pertinent Article of the law concerning the 1. criminal facts” and “each choice of imprisonment” in the 2nd sentence in the judgment of the court below on the 4th sentence and the 3rd sentence in the 4th sentence in the judgment of the court below.

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