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(영문) 의정부지방법원 2016.07.21 2016노998
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is recognized that the defendant deposited a total of five million won for the victims, etc.

However, in this case, it is very poor that the defendant gets a trial fee to the victims who committed an act at night, and he unilaterally inflicted an serious injury to the victims, and the nature of the crime is very poor.

In addition, the defendant has instigated E to make a false statement in order to escape from severe criminal punishment knowing that his or her criminal record is high, which is an act that disturbs or obstructs the exercise of national judicial power and requires a corresponding punishment.

Defendant has been convicted of imprisonment with prison labor due to violent crimes and has been convicted of the same and different types of crimes in several times.

The defendant did not agree with the victims so that he/she might come to the trial.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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