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(영문) 의정부지방법원 2018.10.08 2018노2190
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced to the punishment (two years of imprisonment) is too unreasonable.

2. It is recognized that there has been no record of punishment for about 25 years since the defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act in 1993, and since then there has been no record of being punished for about 25 years.

However, the crime of this case was committed on two occasions by taking about 4 weeks and 8 weeks of injury to the victim, which is a wooden machine and a tree, which is a dangerous object of the victim living together with the victim living together, and by taking advantage of the fact that the victim's fingers or her hair flasing the victim's hair, and walking the victim's hair flasing over two weeks of injury requiring medical treatment. In light of the method of the crime and degree of damage, the case was very serious; however, there was no material to recover the victim's damage; there was no evidence to prove that the defendant made efforts for the crime; the victim cannot be found; the victim complained of the suffering from the crime of this case at the trial; and the defendant tried to punish the defendant again after the sentence of the judgment below was rendered; considering other circumstances or circumstances that may be newly considered after the sentence of the court below, there were no undue changes in the defendant's age or circumstances, the motive and circumstances of the crime of this case, and various circumstances, etc., the motive and circumstances of the crime of this case.

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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