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(영문) 서울고등법원 2018.07.11 2018노1283
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (six months of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, the lower court determined a sentence against the Defendant, taking into account the following factors: (a) the Defendant recognized the instant crime in favor of the Defendant; (b) there are conditions to take into account the background leading up to the Defendant’s commission of the instant crime; (c) the degree of injury to the victims; and (d) the Defendant agreed with the victim H; and (c) under unfavorable circumstances, the instant crime was not committed by the Defendant, carrying dangerous articles with his accomplice, causing injury to the victims of intrusion upon another’s residence; and (d) the Defendant committed the instant crime during the period of repeated offense; and (e) the Defendant escaped while

As above, the Defendant was favorable or unfavorable to the Defendant, and the Defendant, as a person with a suspended execution, was sentenced by the lower court to the punishment heavier than the sentence sentenced to the Defendant.

In full view of the following facts: (a) the Defendant’s age, sexual conduct, intelligence and environment; (b) relationship with the victim; (c) motive, means and consequence of the instant crime; and (d) the circumstances after the instant crime were committed, the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

The Defendant’s ground for appeal is difficult to accept.

3. In conclusion, the defendant's appeal is dismissed as there is no ground for appeal.

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