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(영문) 인천지방법원 2014.07.11 2014노1400
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. However, the circumstances favorable to the defendant are that the defendant led to the confession and reflect of the crime of this case, that the state of health with the third degree disabled is not good, and that the court below agreed smoothly with the victim, etc.

However, on October 20, 201, the Defendant had already been punished for the same kind of crime, and in particular, on the grounds of a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Incheon District Court sentenced one year of suspension of execution to three years, and repeated the instant crime without being aware of at all during the suspension period, and committed serious bodily injury, such as cutting the cage of the victim who has difficulty with delay 2 due to non-discriminatory violence, which requires approximately four weeks of treatment. In light of the number of such crimes, the nature of the crime was poor in light of the law, circumstances of the crime, degree of damage, etc., and other various sentencing conditions as shown in the record and arguments, such as the age, home environment, circumstances before and after the crime, etc., the sentence against the Defendant is too too unreasonable.

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

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