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(영문) 의정부지방법원 2017.11.23 2017노2490
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the wrongness of the defendant, the defendant agreed with the victim at the stage of the original trial, the victim expressed his/her intention not to be punished against the defendant, and the defendant has a family member to be supported by the defendant.

However, the crime of this case is not highly likely to be committed since the victim's face was humd and the victim's face was humd and the stage was humd, and the crime of this case was committed.

The accused has committed 16 times the total criminal records, including the criminal records which have been punished by imprisonment.

In addition, the crime of this case was committed during the period of suspension of execution due to the same criminal record.

Defendant was sentenced to a fine for the same type of crime during the period of the above probation and was sentenced to a fine for one time.

In light of the above circumstances and other factors, the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee (two months to one year), including the following circumstances, and the scope of the recommended sentence (the scope of the recommended sentence) [the scope of the general injury] under the mitigated area (two months to one year from the imprisonment), the mitigated area (including the special mitigated person), or the case where considerable damage was recovered, the lower court’s sentence cannot be deemed unfair because it is too too unreasonable.

Therefore, 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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