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(영문) 제주지방법원 2017.11.30 2017노560
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The defendant shows an attitude to recognize and reflect each of the crimes of this case. While the defendant has agreed with victims at the investigation stage, the court below appears to have determined the sentence against the defendant in light of the above circumstances, and there is no change of circumstances that can be considered in sentencing after the sentence of the court below. The defendant committed each of the crimes of this case while the suspended sentence was finalized on Nov. 9, 2016 after being sentenced to imprisonment with prison labor for a period of eight months, two years, and the suspended sentence was finalized on Nov. 17, 2016.

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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