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(영문) 수원지방법원 2019.05.15 2019노1685
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal is that the original court’s imprisonment (one year and two months of imprisonment) is too unreasonable;

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It cannot be deemed that the sentencing of the lower court is too excessive and exceeded the reasonable scope of discretion, taking full account of the following: (a) there was no change in the conditions of sentencing compared to the lower court’s failure to submit specially new sentencing data in the trial; (b) the reason for sentencing revealed in the proceedings of the instant case (in particular, even though the Defendant had been punished several times for the same kind of crime, he/she again committed each of the instant crimes during the period of repeated offense; (c) the Defendant committed a serious injury to the victim G of sexual appearance; and (d) there was no agreement with the rest of the victims including G).

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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