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(영문) 서울북부지방법원 2020.09.24 2020노1197
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for two years and four months, confiscation, and collection of 300,000 won) of the lower court against the Defendant is too unreasonable.

2. In light of the circumstances and means of the Defendant’s crime, the lower court determined the sentence against the Defendant by comprehensively taking into account all the factors such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., under the circumstances unfavorable to the Defendant, the Defendant appears to have committed the crime of this case, despite the fact that the victim committed the crime of this case, despite the fact that the victim was punished due to the administration of philopon, he did not have serious awareness of the degree of injury caused by the crime of this case, and the victim did not want the punishment of the Defendant, and the Defendant did not have any criminal record related to philopon after 201, considering the following factors: (a) the Defendant’s age, character and conduct, and environment, the motive and circumstance of the crime, and the circumstances after the crime.

However, there is no new circumstance to consider sentencing after the pronouncement of the lower judgment, there is no change in the conditions of sentencing compared with the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of the fact that the grounds for sentencing alleged by the Defendant in the first instance court appear to have been considered in the sentencing in the lower court, the sentence imposed by the lower court cannot be deemed unfair.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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