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(영문) 의정부지방법원 2018.04.30 2017노2511
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in addition, four months of imprisonment, one year of suspended sentence, one year of community service work, 80 hours) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized and reflected the instant crime; and (b) there are circumstances that may be taken into account in the course of the instant crime, such as the Defendant’s assault against the victim of India.

However, in full view of all other circumstances, including the fact that the defendant had been punished several times as the same crime, the fact that the defendant was unable to receive a letter from the injured person, and other circumstances that form the conditions for the sentencing of this case as indicated in the records, such as the defendant's age, sexual conduct, environment, circumstances after the crime, and circumstances after the crime, the court below's punishment is deemed appropriate and is too unreasonable. Thus, the above assertion by the defendant 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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