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(영문) 인천지방법원 2016.12.28 2016노4120
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (one year of imprisonment, confiscation) is too unreasonable;

2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant was aware of his mistake and reflects it when the judgment was made in the trial, the crime of this case is deemed unfair because the sentence of the lower court is too unreasonable even if considering the circumstances favorable to the Defendant as seen earlier, considering the following: (a) the fact that the Defendant used the victim’s knife part on the road; (b) the fact that the Defendant did not take any particular measures to recover from damage up to the trial; (c) there is no change in circumstances after the sentence of the lower judgment; and (d) the fact that there is no change in circumstances after the sentence of the lower judgment, and all the sentencing conditions in the records and arguments of this case,

Therefore, we cannot accept the defendant's above assertion.

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. It is so decided as per Disposition.

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