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(영문) 수원지방법원 2020.12.11 2020노4626
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the instant case, there is no particular change in the sentencing conditions compared to the lower court’s judgment. As such, there is a history of criminal punishment on 30 occasions by the Defendant, which has been subject to criminal punishment, most of which are violent crimes, and a considerable part of which was committed by carrying a deadly weapon or dangerous object. The crime of this case also committed the crime of this case by using the stones and knife, which itself is highly dangerous, and is the result of the realization of the recidivism before violence, the crime of this case was committed during the period of repeated crime, which is agreed with the victims, and all the kinds of sentencing conditions and the records of the instant case, such as the victim’s previous conviction and age environment, it is not recognized that the lower court’s punishment was too excessive and exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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