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(영문) 수원지방법원 2020.04.24 2020노470
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination in cases where there exists a unique area of the first instance court, and 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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant recognized and reflected the instant crime.

In addition to the previous offense of a fine, the accused has no power to punish him.

It cannot be seen that the instant crime was planned.

However, the method of the crime of this case is very dangerous, such as the defendant's knife knife of the victim who has caused conflicts due to apartment noise problems, and the victim's standing is deep.

The defendant was unable to reach an agreement with the victim.

There is no change in the circumstances that may change the punishment of the court below in the trial.

Considering the above circumstances and the Defendant’s health status, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime cannot be deemed to be unfair because the lower court’s sentence goes beyond the reasonable scope of discretion.

3. Accordingly, 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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