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(영문) 제주지방법원 2020.01.09 2019노892
특수상해
Text

The defendant's appeal is dismissed.

Reasons

The Defendant appealed on the ground that the sentence of the lower court is too unreasonable (ten months of imprisonment with prison labor). However, in light of various sentencing conditions shown in the records and arguments of the case, even if the Defendant agreed with the victim D, and considering the background leading up to the Defendant’s committing the instant crime and the health status of the Defendant, there is a history of criminal punishment on several occasions due to violent crimes, such as the crime of injury in the past, and it is not recognized that the lower court’s sentence on the Defendant under suspension of execution is too unreasonable since it committed the instant crime after being sentenced to the suspension of execution due to the crime of obstruction of performance of official duties, and it is too unreasonable for the lower court to sentence the Defendant under suspension of execution as stated in its reasoning.

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, the relevant part shall be corrected by adding “1. General Certificate” and “1. Related photographs” to the summary column of the evidence of the lower judgment.

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