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(영문) 서울중앙지방법원 2021.01.15 2020노3101
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The fact that the degree of the use of force, or the injury inflicted on the victim is relatively minor, to display dangerous things by the Defendant, and that the Defendant’s efforts to recover the damage, such as paying the victim KRW 15 million, by mutual consent with the victim, is the circumstances favorable to the Defendant.

However, the Defendant repeatedly committed violent crimes, and committed the instant crime without being aware of the suspension of execution, etc., even though he/she had been continued to be subject to the suspension of execution, etc., even though he/she did not repeat each time, and committed the instant crime. Furthermore, the Defendant did not have any tolerance that the law permits, and the lower court sentenced the Defendant to the maximum punishment for which the law can be allowed, by taking into account the favorable circumstances as seen earlier, by taking into account the total amount mitigation, and by taking into account various sentencing conditions indicated in the record and equity in the application of the law, the lower court exceeded the reasonable scope of discretion by exceeding the scope of discretion.

Therefore, the defendant's above assertion is without merit.

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

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