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(영문) 광주지방법원 2018.09.19 2018노1304
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable for the sentencing of the lower court (the summary of the defense counsel’s argument, etc. submitted after the lapse of the period for filing the appeal is determined within the scope of supplement of the grounds for appeal as stated in the written reasons for appeal, and no separate judgment is made as to the assertion that is not entirely written in the written reasons for appeal). 2. The judgment of the lower court is recognized as follows: (a) the Defendant repents his mistake; (b) the victim does not want the punishment of the Defendant by mutual consent

However, the crime of this case is committed by the victim who was a relation with the defendant, and the victim was threatened with the kitchen knife and break, which is a dangerous object, and the nature of the crime is not very good. The defendant committed the crime of this case again during the suspension of execution due to violence, suspension of execution, suspension of indictment, suspension of prosecution, and juvenile protective disposition despite the record of juvenile protective disposition, again again committed the crime of this case during the suspension of execution period due to the crime of this case. Considering the sentencing balance with the crime of the same kind, the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the court below's punishment is too unreasonable. Thus, the above argument by the defendant 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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