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(영문) 의정부지방법원 2019.05.30 2019노479
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is undue.

2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, unless 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, this shall be respected as

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances indicated on the grounds of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015) (i.e., the fact that the Defendant is recognized as a substitute for the facts charged and that there is a history of being punished ten times for a crime related to violence, and that the Defendant was damaged by being unable to properly cope with the instant crime), including the method and mode of the crime, and all the sentencing conditions indicated in the records and pleadings of the instant case (as for the crime of injury on November 9, 2016, the Defendant was sentenced to imprisonment with prison labor for 4 months, a suspended sentence of one year, and the victim’s punishment for the Defendant), the lower court did not accept the sentence without considering all circumstances that the Defendant reported to the Defendant as grounds for appeal (i.e., family relation and family circumstances, health status, and economic conditions, and the Defendant’s allegation.).

3. In conclusion, 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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