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(영문) 서울북부지방법원 2018.11.08 2018노1528
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.

2. The court below sentenced the defendant to the above punishment with regard to the reasons for appeal, as stated in its reasoning, and it is reasonable to respect the sentencing of the court below in this case where there is no change in circumstances that can be newly considered in the trial of the court.

Although there are no circumstances that may be considered in the motive and result of the crime as stated in the Reasons for Appeal, the lower court seems to have sentenced the punishment after reducing the amount of punishment by fully taking account of these circumstances into account.

In addition, even if the sentencing conditions of the defendant's character and conduct (including the same type and the past type of punishment several times), the means of crime, and the circumstances after the crime are examined, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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