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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2020.04.06 2020노186
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rejected the application for compensation order filed by B and C, which is the applicant for compensation, and the above applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and thus, dismissed the application for compensation order immediately became final and conclusive.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of the trial of the party.

2. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

3. Even though the defendant did not want the punishment of the above victims by mutual consent with the victim B and C when the judgment was reached, in full view of the fact that six months of imprisonment with prison labor sentenced by the court below was the minimum statutory punishment for special injury crime, and all other circumstances that are the conditions for the sentencing of this case as indicated in the records, such as the defendant's age, character and conduct, environment, health conditions, and the background of the crime, it cannot be deemed that the sentencing of the court below is too unreasonable and goes beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

4. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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