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(영문) 인천지방법원 2017.09.27 2017노2517
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment with prison labor, one year of short term, eight months) is too unreasonable.

2. The circumstances favorable to the defendant are the following: (a) the defendant recognized his/her own crime; (b) the defendant has relatively old and has no record of criminal punishment; and (c) the victim of the crime of destroying property did not want the punishment of the defendant.

However, the fact that the defendant has been subject to juvenile protective disposition 11 times in total due to assault, attack, theft, bodily injury, intimidation, violation of road traffic law (unlicensed driving), obstruction of official duties, etc. Nevertheless, the fact that the defendant again committed each of the crimes of this case and the nature of the crime is poor, the damage of the victim of the injury is considerably heavy, the victim of the injury has not yet reached an agreement with the victims of the injury and violence, and the damage has not yet been recovered, and that the defendant committed multiple crimes subject to juvenile protective disposition and the crimes of this case without any awareness of any particular crime are disadvantageous to the defendant.

In full view of the following circumstances: (a) the Defendant’s age, sex, occupation and environment; (b) motive and circumstance leading to the instant crime; and (c) the circumstances after the commission of the instant crime, etc., the lower court’s punishment cannot be deemed unfair because it 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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