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(영문) 서울고등법원 2017.08.17 2017노1512
폭력행위등처벌에관한법률위반(상습상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years and six months) on the gist of the grounds of appeal is too unreasonable.

2. The following can be considered in light of favorable circumstances: (a) the Defendant recognized each of the instant crimes and divided his/her mistake; (b) the victim’s injury or interference with the work seems to be relatively heavy; and (c) the Defendant and his/her family’s health status is not good.

However, without any particular reason, the Defendant used habitually to commit the crime of this case against unspecified victims, and has a large risk thereof, and the Defendant was subject to criminal punishment more than 30 times due to violent crimes (a prison punishment, a suspended execution, and a fine). In particular, even though he had been sentenced several times for the last ten years, he had been sentenced to several times due to special intimidation, he again committed a violation of the Punishment of Violences, etc. of this case (Habitual Violence), a violation of the Punishment of Violences, etc. Act (Habitual Violence), a violation of the Punishment of Violences, etc. Act (Habitual Violence, etc.), a violation of the Punishment of Violences Act (Habitual Injury, etc.), a violation of the Punishment of Violences, etc. Act (Habitual Injury, etc.), a violation of the Punishment of Violences, etc. Act (Habitual Injury, etc.), a violation of the Punishment of Violences, etc. Act (Habitual Violence), a obstruction of duties, and a violation of the Punishment of Violences, etc. Act (Habitual injury), and the victims did not recover from damage to the victims.

In full view of such circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc. in the trial, the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

As there is no change in sentencing conditions that can be seen as unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too large.

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