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(영문) 수원지방법원 2018.01.24 2017노8346
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is recognized as having agreed with the victim, but the court below seems to have already determined punishment by considering these circumstances. Furthermore, the defendant had the record of several times of crimes including the defendant's two-time criminal records, the defendant committed the crime of this case during the repeated crime period, and the victim's injury from the crime of this case is relatively heavy (in particular, according to the victim's attention, the victim performed an emergency operation by taking the emergency operation into consideration in the hospital emergency room at the time of this case, and the victim's aftermath and disability in the future can be seen as being observed for not less than one year.

section 3.

In addition, comprehensively taking account of the Defendant’s age, gender and family environment, motive, means and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion 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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