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(영문) 서울고등법원 2018.12.21 2018노2780
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court rendered a sentence against the Defendant, taking into account (i) the unfavorable circumstances, (ii) the Defendant’s assaulted the victim E of the elderly who is vulnerable to the crime to cause serious injury to the Defendant, and (iii) assaulted the other victim I, and (iv) failed to take measures to recover damage therefrom; (ii) favorable circumstances; (iii) the Defendant recognized all of the instant crimes; and (iv) the Defendant committed assault by the victims; and (v) the Defendant assaulted the victims after being abused by the victims; and (v) there are circumstances to consider the background of the crime.

In addition to the above circumstances, comprehensively taking account of the jury’s opinion on sentencing (referring to the same or heavier sentencing that the court below sets forth by five of the seven jurors) expressed in the course of the sentencing hearing of the court below, which was conducted by the citizen participation trial, the court below’s sentencing appears to have been conducted within the reasonable scope of discretion, and no special circumstance exists to change the sentencing of the court below.

The defendant's argument of sentencing is without merit.

3. 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 groundless.

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