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(영문) 서울남부지방법원 2017.11.02 2017노1314
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and three months of imprisonment) is too unreasonable.

2. The Defendant recognized all of the instant crimes as the primary offender and reflected the mistake.

The defendant deposited KRW 10 million for the victim in the court below.

However, the crime of this case is not likely to be committed by the defendant to assault and injure the victim F on nine occasions for a period of six months, and also by assaulting the victim G who restrains it in the process.

The degree of violence committed by the defendant to F has been gradually serious, and in particular, the crime of special injury on January 9, 2017, which was committed by the defendant on January 1, 2017, is likely to have resulted in the bodily and mental shock that the defendant suffered by F, because the defendant suffered from a non-discriminatory injury due to the shape or light, which is a dangerous object in the vicinity, tree chairs, etc.

Since the defendant did not receive a letter from the victims until now, there is no change in circumstances that will be considered in the sentencing after the decision of the court below, and F want to be punished by a severe punishment against the defendant in the first instance.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive, means and consequence of the crime, various sentencing conditions indicated in the records of the instant case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

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.

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