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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.03.23 2017노9521
특수상해
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is reasonable to respect the sentencing of the first instance court when there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Under the unfavorable circumstances against the Defendant, the lower court appears to have taken into account the following factors: (a) the Defendant’s remaining parts of the victim, which may cause danger to life if bruting, solely because the Defendant was locked without contact with the victim while drinking; (b) was knickly cut off the victim’s body with a knife; and (c) assault the victim’s body with drinking science again; (d) the victim’s physical condition and method revealed by the means and method of the instant crime; (e) the victim was extremely poor and highly dangerous; (e) the result of the Defendant’s surgery by suffering from approximately four (4) weeks of the lower court’s daily life immediately before and after the Defendant’s physical condition and mental condition in the Defendant’s day of the Defendant’s offense.

The sentencing of the court below seems to have been conducted within the reasonable scope, taking into account all the conditions of the sentencing as above, and the relationship between the victim and the defendant in the trial of the court is the defendant's prior position.

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