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(영문) 수원지방법원 2016.09.02 2016노4098
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the Defendant is against the recognition of the instant crime, and the Defendant’s imprisonment with prison labor for eight months at the Busan District Court on December 8, 2014 due to the crime of violation of the Road Traffic Act, and the above judgment was finalized on December 16, 2014. However, if the Defendant was sentenced to the instant crime committed during the suspension period, the suspended sentence should be imposed against the Defendant, which is favorable to the sentencing condition for the Defendant.

However, in full view of the fact that the degree of injury suffered by the victim was significant, that the defendant was forced to agree with the victim or was unable to recover from damage until the trial of the court, that the defendant had been subject to criminal punishment several times prior to the crime of violence even before the crime of this case, that the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case in spite of the fact that he was under suspension of execution, and other various circumstances that are the conditions for sentencing in this case, including the defendant's age, character and behavior, environment, family relationship, etc., the court below's punishment is too unreasonable,

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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