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(영문) 수원지방법원 2018.10.29 2018노5426
상해등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In addition to the circumstances unfavorable to the defendant, including the fact that the defendant's mother shows an attitude to recognize and reflect the defendant's wrong, and that the victim I expressed the defendant's intention not to punish the defendant, there are favorable circumstances for the defendant, but on the other hand, agreement with the victim of the injury and assault or did not take measures to recover from damage until the trial, recidivism during the period of repeated crime due to the same crime, and the fact that there are many records of the same and similar crimes, such as the fact that it is difficult to expect any further opening, there is no change of circumstances that can reduce the sentence of the court below at the trial, and other factors of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc., are considered to be appropriate, and it is not unfair because the court below's punishment is judged to be too unreasonable and excessively unreasonable.

The defendant's argument of sentencing is without merit.

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

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