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(영문) 수원지방법원 2013.04.18 2013노1037
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the grounds for appeal (e.g., imprisonment with prison labor and dismissal of violence) of the court below against the defendant are too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant led to the confession of and reflect against the crime of this case; and (b) the victim was unable to punish the defendant under the agreement with the victim; (c) the defendant was sentenced to imprisonment with prison labor for one year and six months on September 13, 201 for the crime of violation of the Punishment of Violences, etc. Act on September 13, 2011; (d) the defendant committed the crime of this case on September 22, 2011 after the execution of the above punishment was completed, but the crime of this case was not completed and six months have not yet passed yet; (e) the victim suffered bodily injury that the two sons are shaken; and (e) the victim's motive for the crime of this case was very blind and thus, the victim did not have sufficient ability to control the crime of this case even if the victim was not under ordinary violence; (e) the defendant could have used the previous violence; and (e) the defendant's age, character, and family environment.

3. If so, the defendant's argument is without merit, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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