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(영문) 춘천지방법원 강릉지원 2017.09.21 2017노296
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the following: (a) the defendant's mistake is divided and against himself; (b) there is no record of having been sentenced to a punishment exceeding a fine; and (c) the victim continuously desires the defendant's wife in the trial as well as in the original trial.

However, the question is whether the injury suffered by the victim due to the crime of this case is very serious, and whether the damage can be completely cured separately from whether the defendant and the victim agreed, and since the defendant expressed violent inclination against the victim, causing tangible and intangible damage, and living style in which the victim gets reduced, it is deemed that the defendant is in need of detention in a correctional institution for a considerable period of time, in order to escape from such habit.

In addition, considering the age, character and environment of the defendant and the circumstances before and after the crime, various sentencing conditions shown in the records and pleadings, the sentence against the defendant is too unreasonable.

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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