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(영문) 서울북부지방법원 2018.06.22 2017노2594
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant is unreasonable as it is excessively unreasonable.

2. The instant crime in determining the grounds for appeal by the Defendant appears to have been committed contingent, and the Defendant fully acknowledges the instant crime until the Defendant was in the trial.

The Defendant had no record of any particular criminal punishment prior to the instant crime.

However, on the other hand, this case is a very dangerous crime that may harm the life of the victim or other people by intentionally taking advantage of a vehicle for minor reasons that the defendant was dead while driving.

The actual victim suffered a relatively serious injury that needs to be treated for about six weeks, and the amount of damage caused by the crime of damage to property also reaches five million won.

However, the defendant is not only paying damages to the trial, but also does not seem to be against the defendant's petition.

The judgment below

There are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence.

In addition, in full view of various circumstances, including the Defendant’s age, sex, environment, motive and background of the offense, means and method of the offense, and the circumstances after the offense, etc., and the sentencing conditions indicated in the record, the sentence imposed by the lower court is too heavy.

Therefore, the defendant's above 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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