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(영문) 의정부지방법원 2016.04.07 2015노2944
상해
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that there are some extenuating circumstances in light of the motive and circumstance of the instant crime, the fact that the Defendant deposited 7 million won for the victim, and that the Defendant has a family member to support (a parent and wife).

However, the defendant committed the crime of this case during the period of repeated crime due to the criminal records in the judgment of the court below, and the degree of assault committed by the defendant to the victim and the degree of injury inflicted by the victim are important.

In addition, the defendant did not agree with the victim so that he/she can move to the trial of the party.

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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