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(영문) 의정부지방법원 2018.08.21 2018노1561
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and is against the law.

The Defendant agreed with the victim only smoothly.

This is the circumstances favorable to the defendant.

However, the crime of this case was committed by the defendant while in the period of the same crime, and the nature of the crime is not good (in addition to the crime of this case, the defendant was committed three times as an assault crime during the period of the above suspension of execution, and the two times of which are not prosecuted, and the one time of which is transferred as a home protection case). In comparison with the first instance court, there is no change in the conditions of sentencing compared with the first instance court, and in a case where the first instance sentencing does not go beyond the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). There is no new change in circumstances that could change the sentence of the lower court in the first instance trial.

This is disadvantageous to the defendant.

In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence of the lower court is too unreasonable as it is too unreasonable.

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

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