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(영문) 수원지방법원 2017.11.24 2017노4393
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the community service order 120 hours, and the lecture attendance order for violent therapy 40 hours) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, the lower court: (a) taken into account the fact that the Defendant is led to confession and rebuttal; (b) the victim does not want the punishment of the Defendant under an agreement with the Defendant; and (c) the Defendant appears to have committed the instant crime in a contingent manner by drinking the victim, who is a working club, and drinking; (c) taken into account the fact that the Defendant was subject to criminal punishment of a fine of KRW 2 million around July 2014 due to the crime of injury, etc.; and (d) taken into account the fact that the Defendant had a record of being subject to criminal punishment of KRW 2 million around April 2016, and determined the sentence against the Defendant by comprehensively taking into account all the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship

The sentencing of the lower court appears to have been conducted within the reasonable scope by fully taking into account the above conditions of the sentencing, and there is no special change in circumstances that make it difficult to assess differently from the sentencing conditions of the lower court up to the trial. Thus, it is not recognized that the lower court’s punishment is unfair because it is too unreasonable.

Therefore, the defendant's above 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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