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(영문) 전주지방법원 2016.01.22 2015노1598
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The circumstances are that the Defendant’s confession of the instant crime and reflects the mistake, and that there are circumstances that may be considered in the course of the instant crime are favorable to the Defendant.

However, the crime of this case is committed by the defendant in collaboration with I in paying a small amount equivalent to 500,000 won by deceiving the victim D with the victim, causing bodily injury to the victim at the time of the victim M, and conducting fee job placement business without being registered. In light of the criminal method, content, result, etc., the crime of this case is significant; the defendant committed the crime of this case during the period of repeated crime due to multiple times of criminal punishment due to violent crimes; the defendant did not take any particular measures to recover damage; and all of the sentencing conditions of the crime of this case, including the defendant's age, sexual behavior, family environment, etc., it is not recognized that the sentence imposed by the court below is too unfair in consideration of all the sentencing conditions of this case.

Therefore, the defendant's 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 (Article 42 proviso of the Criminal Procedure Act is to be changed to “victim D (22)” among the judgment below, and Article 42 proviso of the Act is to be deleted ex officio.

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