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(영문) 청주지방법원 2017.11.16 2017노1129
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) of the lower court’s punishment is too unreasonable (the part of the lower judgment dismissing the prosecution was finalized as it is because the Defendant and the Prosecutor did not appeal). 2. Circumstances favorable to the Defendant are as follows.

The Defendant confessions each of the crimes of this case, and is divided.

The Defendant, even before the lower court, agreed with the victims other than the victim No. 1,000 transportation company, or expressed the intent that the victims do not want to be punished by the Defendant, and only agreed with the victim No. 1,00 transportation company in the first instance trial.

The defendant does not have good health conditions, such as having received mental health surgery and medical care for a considerable period of time due to symptoms, and having visual disorders.

Circumstances unfavorable to the defendant are as follows:

On February 2, 2017 and around March 2, 2017, the Defendant committed multiple crimes such as the crime of injury to victims D and damage to property, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E, the crime of damaging property to victims E, the crime of special intimidation to victims, the crime of damaging property and business interference with victims I, and the crime of violating the Framework Act on Fire Services against Fire Officials M.

The defendant was sentenced to a suspended sentence of imprisonment with prison labor for around 2009 and around 2013 due to a crime related to violence of the same criminal or a crime of destroying property, etc., and was sentenced to a fine for around 2010 and around 2011.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Defendant’s assertion is without merit.

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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