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(영문) 수원지방법원 2019.09.26 2019노4171
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The circumstances are acknowledged, such as the fact that the Defendant led to the confession of the instant crime and reflects his mistake, and that the Defendant appears to have partly affected the instant crime, but it appears to have been already considered in the sentencing of the lower court.

In addition, the crime of this case was committed on the ground that the defendant was faced with the shoulder, causing an injury by assaulting another victim without any discrimination, and assaulting two police officers dispatched upon receiving a report, thereby obstructing legitimate execution of their duties. In light of the method and contents of the crime, the nature of the crime is very poor, the defendant was punished four times as the crime of injury, and the defendant was punished as the crime of separate assault. In particular, the defendant committed the crime of this case without being aware of the fact that he was committed in the investigation while he was committed as a crime of separate assault, and there was no trace of efforts made by the defendant for recovery of damage. The defendant was detained by the crime of this case, and the defendant was punished twice as a violation of discipline in the detention house, and the punishment of the same or similar case of the defendant's age, character and behavior, environment, motive and circumstance of the crime, the motive and circumstance of the crime, the result, etc. after the crime of this case is unreasonable.

Therefore, the defendant's above assertion is not accepted.

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

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