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(영문) 의정부지방법원 2015.04.03 2015노253
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The circumstances recognized in favor of the defendant are as follows: (a) the defendant led to the confession of the facts of the crime of this case and stated that the mistake is repented; (b) there are circumstances that can be taken into account some of the circumstances due to contingent crimes under the influence of alcohol; (c) economic circumstances are not sufficiently sufficient; and (d) there are no special criminal records.

Meanwhile, in light of the contents of the crime of this case committed by the defendant and the degree of damage, etc., the crime of this case is not less complicated; the crime of this case in this case was committed in around 2009 despite the fact that the indictment was suspended due to the violation of the Punishment of Violences, etc. Act (collectively weapons, etc.), even though there was a history of the suspension of indictment, the defendant did not make efforts to recover from victims or damage up to now, and there was little possibility of damage recovery in the future; the court below seems to have sentenced 6 months imprisonment within the scope of the recommended sentencing guidelines, taking into account the various circumstances of the defendant, and there was no special change of circumstances that may differ from the judgment of the court below in the past; the court below did not change the defendant's age, occupation, character, character and environment, intelligence and environment, the motive, means and consequence of the crime of this case, family relationship, circumstances after the crime, etc.; considering various circumstances asserted by the defendant, the court below's sentence of the defendant is proper and too unreasonable, and thus, the defendant's assertion is not justified.

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

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