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(영문) 인천지방법원 2017.05.25 2017노1245
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant led to the confession of the crime and the shots.

The same shall not apply to criminal records.

However, the criminal liability of the defendant is not against the law.

There was no consistent and contradictory attitude to the argument that drunk was drunk, and only the case was tried to reach the appellate court after being convicted of the conviction.

There was no recovery of damage.

Criminal records have four times of fines by 2003 due to the crime of violent nature.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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