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(영문) 수원지방법원 2019.10.18 2019노3949
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

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

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

The circumstances alleged by the defendant as the reasons for appeal, such as the reflection of the nature of the appeal, are considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

In addition, taking into account the following circumstances, such as the character, conduct, environment, motive, means, and consequence of a crime committed by a defendant as revealed in the arguments at the court below and the party hearing, even when considering the circumstances cited as grounds for appeal, such as health condition, etc., the sentence of the court below cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

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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