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(영문) 인천지방법원 2020.12.03 2020노3331
상해등
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below sentenced (the defendant A: 10 months of imprisonment and the defendant I: 5 months of imprisonment) is too unreasonable.

2. Determination

A. Although the defendant's judgment on the defendant A recognized the crime of this case and reflects his mistake, the punishment imposed by the court below is too unreasonable considering the following circumstances: the defendant committed an injury or assault against the three victims during the period of repeated crime, and the responsibility for such crime is heavy; the degree of tangible force of the defendant's use is not easy until now; and the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and other various circumstances that form the conditions for sentencing specified in this case such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. after the crime is committed.

Therefore, the defendant's assertion of unfair sentencing is without merit.

B. The following are the circumstances: (a) the Defendant’s judgment on Defendant I recognized the instant crime and reflects his mistake; (b) the instant crime is in the relation of special larceny for which the judgment became final and conclusive and concurrent crimes under the latter part of Article 37 of the Criminal Act; and (c) the equity with the case to be judged at the same time; and (d) the degree of the type of force used by the Defendant in the case of the

However, in light of the background, form, result, etc. of the instant crime, and the fact that it is not good to be used by the victims until now, and other circumstances that form the conditions for sentencing in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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