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(영문) 의정부지방법원 2019.11.28 2019노2351
상해
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. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Although there are favorable circumstances, such as health class, the confession of the defendant, and the agreement with the victim regarding the instant case, the Defendant committed the instant crime during the period of suspended execution after having been sentenced to two years of imprisonment for a special injury in 2018 to six months, the Defendant was sentenced to a suspended sentence for a crime of special injury in 2018, and committed the instant crime during the suspended execution period. The instant crime was committed seriously by taking the face and body of a female victim into consideration, and assaulting the victim by taking the face and body of the female victim into consideration, the victim suffered an injury necessary for medical treatment for 28 days in the right so that the victim suffered an injury due to bad weather, the victim’s age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., it cannot be deemed that the Defendant’s excessive punishment exceeded the reasonable scope of discretion.

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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