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(영문) 수원지방법원 2018.01.10 2017노8148
상해
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below seems to have already agreed with the victim, but the court below seems to have determined punishment by fully considering these circumstances. Furthermore, the defendant committed the crime of this case again because five months have not yet passed since he was released from the prison, even though he had multiple times of the same kind of violence, in particular, even during the period of repeated crime for the same kind of crime even though he had been guilty, and five months have not yet passed since he was released from the prison. The crime of this case was committed in a discriminatory manner to the extent that the defendant could not be able to say that a third party (G), and the form of the crime is dangerous, and the nature of the crime is bad, and it is not recognized that the sentence of the court below is too unreasonable in light of various sentencing conditions specified in the argument of this case, such as the defendant's age, sex and family environment, motive, means and result of the crime, and the circumstances after the crime.

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 lower court (see, e.g., Supreme Court Decision 2009Da36464, Mar. 18, 2017). “The execution of the sentence is terminated by a ruling revoking detention at the Suwon Detention House on March 15, 2016 by the ruling of revoking detention on April 1, 2016,” which “The execution of the sentence becomes final and conclusive on the same day after the ruling of revoking detention becomes final and conclusive on April 1, 2016,” and “the execution of the sentence is terminated by the ruling of revoking detention in the Dong Detention House on March 18, 2017,” which is “after the release of detention from the Seoul East Detention House on March 18, 2017, by the ruling of revoking detention becomes final and conclusive ex officio as prescribed in Article 25(1) of the Criminal Procedure Rule.”

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