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(영문) 서울동부지방법원 2020.06.25 2020노403
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Despite the fact that the Defendant had been punished several times due to the same criminal act, the Defendant again committed the instant crime during the period of repeated crime due to the same criminal act, even if the materials submitted at the trial were to be considered, there is no significant change in the sentencing conditions compared with the original judgment, and other various circumstances that are the conditions for sentencing specified in the records and pleadings of the instant case, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion by comprehensively taking account of the following factors.

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

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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