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(영문) 광주지방법원 2019.02.12 2018노3262
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. The judgment of the court below recognized all of the crimes of this case, and is against the victim of special injury at the court below, and fully paid the repair cost incurred from the crime of damage to public goods at the investigation stage.

However, the crime of this case is not likely to be committed in light of the level and degree of injury as it was destroyed by the Defendant’s assaulting the victim, flaging the part of the victim’s left side by beer and beer, causing an injury requiring treatment for about two weeks, and then, during arrest and movement to a flagrant offender, causing damage to the police vehicle.

The defendant has been punished five times for the same crime, and even though he is under suspension of execution due to the same crime, he committed the crime of this case.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not deemed unfair because it is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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