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(영문) 서울서부지방법원 2017.04.13 2016노1751
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Determination may take into consideration favorable circumstances, such as the fact that the Defendant led to the confession and reflect of the instant crime, the fact that there is no record of criminal punishment exceeding the fine, and the fact that he/she led to contingent crimes in the course of disputing with the victim.

However, in light of the contents of the crime committed by the victim by putting the body of the victim covered by the steel drain hole up to 7 km in weight, the liability for the crime is heavy. Nevertheless, there are no circumstances agreed with the victim up to the present, there are records of criminal prosecution or punishment due to the same kind of intimidation, violence, etc. in the past, there are no changes in circumstances that may be special consideration in the amount of punishment in the depth, and all other circumstances shown in the arguments, such as the defendant's age, sexual behavior, environment, etc., the sentence of the court below is too unreasonable.

3. 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 for conclusion is without merit.

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