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(영문) 수원지방법원 2016.06.08 2015노7160
상습상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment of the defendant recognized the crime of this case and reflects on it, and the victim does not want to punish the defendant.

However, the defendant has been punished for the same kind of crime, and in particular, the defendant committed the crime of this case in prison during the period of repeated crime for the same kind of crime.

Although the degree of injury of the victim is not less severe, the victim did not take measures to recover the damage until the depth of the case.

In addition, the lower court’s sentencing is determined to be appropriate, and it does not seem unfair because it is too unreasonable, in light of the following circumstances, comprehensively takes account of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as indicated in the previous theory.

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

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

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