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(영문) 의정부지방법원 2017.05.12 2016노3455
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of one year and six months, the suspension of execution of two years, the protection and observation, the community service order 80 hours, the lecture order 40 hours, the confiscation) is too unreasonable.

2. The Defendant, on the ground that the victim was in dispute with his/her spouse, sustained bodily injury, such as the victim’s bridge part and the body body 4 and 5 times. In addition, the risk of the criminal law is very high, and the degree of injury suffered by the victim is serious.

Nevertheless, since the defendant did not receive a letter from the injured party until now, it is necessary to punish the defendant with the responsibility corresponding to that.

However, the Defendant recognized the instant crime and reflected his mistake.

In 197, the defendant has no record of criminal punishment except for a fine imposed once in 1997, and deposited 2 million won for the victim.

When the defendant supports his/her family including his/her children attending elementary school, it is likely to cause economic difficulties to his/her family if the defendant is detained.

In light of these circumstances, the lower court sentenced the Defendant to suspend the execution of imprisonment by comprehensively taking account of all the conditions of sentencing as shown in the arguments, including the Defendant’s age, sex, occupation, family relation, etc., and sentenced the Defendant to a disposition of edification in society to prevent recidivism, etc.

The sentencing of the lower court appears to have been conducted within the reasonable scope of discretion, and the circumstances alleged by the Defendant in the trial are already considered in the lower court’s determination of the punishment, and there are no other new data to change the sentencing of the lower court.

Therefore, the punishment sentenced by the court below cannot be deemed to be unfair because it is too large.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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