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(영문) 춘천지방법원 강릉지원 2018.07.26 2018노182
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The injured party agreed with the defendant and expressed his/her intention that he/she does not want to repeatedly punish the defendant in the trial.

The defendant reflects his fault.

However, the crime of this case is one of the offenses committed by the defendant without any particular reason by assaulting the victim and obstructing the business and causing bodily injury.

The Defendant committed the instant crime without being aware of being sentenced to two times or a fine even after the judgment on the said suspension of execution became final and conclusive, with the records of having been punished several times for the same crime, and the Defendant’s attitude seems to be serious in light of the law.

In full view of such circumstances and the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, the lower court’s sentence against the Defendant is too unreasonable.

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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