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(영문) 수원지방법원 2017.04.21 2017노1004
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by taking into account the following factors: (a) the Defendant’s instant crime, including (b) the Defendant’s injury to the victim in a knife, dangerous article, and confinement, etc., in light of the circumstances unfavorable to the Defendant; (c) the Defendant’s injury was committed in the instant case, and (d) the Defendant’s mistake was recognized and reflected in favorable circumstances; and (d) there was no record of punishment exceeding the fine.

The sentencing of the lower court appears to have been conducted within the reasonable scope by fully taking into account the above conditions of the sentencing, and there is no change in circumstances that make it difficult to assess differently from the sentencing conditions of the lower court until the appellate court was in the trial, and thus, it is not recognized that the sentence of the lower court is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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. It is so decided as per Disposition.

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