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(영문) 서울중앙지방법원 2017.08.25 2017노2168
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal is too unreasonable because the sentence imposed by the defendant (one year of imprisonment) is too unreasonable.

2. The judgment shows the attitude of the defendant to make a confession of all the crimes of this case and to reflect his mistake, the fact that the defendant voluntarily surrendered to the investigation agency after committing the crime of special bodily injury, and the victim expressed that he does not want the punishment of the defendant from the original court, and that he again desires to attend this court and attend this court, is favorable to the defendant.

However, the defendant assaulted or injured older victims on the ground that he urges to pay a smuggling monthly rent, and in particular, the crime of bodily injury is using a knife up to 21 cm in length, and its nature is not very good.

Even before committing the instant crime, the Defendant committed several assaults against the same victim, but was punished by a fine, or was subject to a non-prosecution disposition as a non-prosecution of punishment.

Since the defendant repeatedly commits violent crimes against elderly victims, it is inevitable to severely punish the defendant.

Although victims wanted the Defendant’s prior wife, it seems to be derived from the mind of pride in the aid and relief of the Defendant, and it is not visible that the Defendant actively endeavored to recover the damage.

In addition to these various circumstances, in full view of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, including the circumstances after the crime, the sentence imposed by the lower court cannot be deemed to be excessively unreasonable.

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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