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(영문) 의정부지방법원 2017.08.24 2017노1181
상해
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment defendant led to the confession of the crime and reflects the mistake.

However, the crime of this case committed by the victim without any circumstances on the ground that the victim was the victim's remarks, thereby causing injury to the victim, such as clothes, mouths, and livers, and sacrifeing, and causing injury to the victim. The crime of this case is a bad in light of the motive and degree of injury of the victim.

The defendant has two different criminal records, including the records of punishment for the suspension of the execution of imprisonment.

The Defendant did not agree with the victim up to the trial of the case, and did not recover from the damage.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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