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(영문) 제주지방법원 2017.03.23 2016노878
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there is no change in the conditions of sentencing between the first instance court and the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The defendant shows an attitude of recognizing and opposing each of the crimes in this case. It is recognized that the defendant does not want the above victim's punishment at the investigation stage. Meanwhile, the court below seems to have determined the defendant's punishment in light of the above circumstances, and there was no change in circumstances that may be considered in the sentencing after the sentence of the court below, and there was no history of having been punished several times due to violence or interference with business before the defendant committed several times, especially after the defendant was sentenced to suspension of execution due to damage to property on April 13, 2015, the records and circumstances of each of the crimes in this case after the suspension of execution, and the circumstances of each of the defendant's crime in this case, and the motive and scope of each of the crimes in this case.

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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