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(영문) 수원지방법원 2020.02.14 2019노6349
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to three months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that serve as the conditions for sentencing in the trial, in particular, the fact that the instant crime was committed without being aware of the facts committed while being detained in the same kind of crime, and the applicable sentences, there is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, or that it is deemed unfair to maintain the lower court’s determination of sentencing as it is.

In addition, considering the circumstances and results of the crime of this case, the sentence of the court below is proper, and it is not recognized that it is unfair because it is too unreasonable, considering the circumstances after the crime of this case.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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