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(영문) 서울동부지방법원 2017.09.01 2017노273
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of 6 months sentenced by the court below to the defendant is too unreasonable.

2. In full view of ① favorable circumstances, the lower court sentenced the Defendant to the same punishment as described in the above Paragraph 1, on the basis of the following: (i) the Defendant was led to the confession and reflect of the Defendant; (ii) the Defendant committed contingent crimes; and (iii) there was no record of punishment other than the fine of KRW 500,000 as a result of a violation of the Road Traffic Act in 191; (ii) the head is taken to a pande, which is a dangerous object, in a disadvantageous circumstance; (iii) the injury suffered by the victim is not less than that provided; and (iv) the victim was not taken out from the

In full view of the above circumstances and other arguments and records, the sentencing of the court below seems to have been determined properly by fully considering the various reasons for sentencing alleged by the defendant. Although the court below deposited KRW 500,00 in order to recover from damage in the trial, it is difficult to view that the above punishment is changed to the extent that it is changed.

In the end, the defendant's argument of sentencing is not acceptable.

3. In conclusion, 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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