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(영문) 대전지방법원 2016.09.07 2016노1744
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Although it is recognized that there was an agreement with the victim on the judgment, and that the defendant committed both crimes, the defendant has been punished several times due to violent crimes, and the defendant committed the instant crime even though he had been in the probation period at the time of the instant crime even though he had been in existence of the probation period at the time of the instant crime, it is reasonable to impose strict punishment on the defendant, taking into account the following: (a) the other prisoner cannot expect the opening of the instant crime in the process of the instant crime; and (b) assault and bodily injury were repeated several times in the short term.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment 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 ground that it is without merit. It is so decided as per Disposition.

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