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(영문) 수원고등법원 2020.05.22 2020노168
중상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The lower court determined that the Defendant’s punishment against each of the Defendant was higher than the recommended sentencing ceiling (two years) based on the sentencing guidelines, considering the following circumstances in consideration of the following: (a) the Defendant used the Defendant’s drinking when drinking with the victim with drinking alcohol; (b) the victim was faced with the second floor; (c) the nature of the crime of the instant crime causing serious injury, such as cerebrovascular transfusion, etc.; (d) the victim’s family member was unable to communicate with each other; and (e) the victim’s family member was blicking the Defendant’s severe punishment; (b) the Defendant was led to the confession and reflect of the instant crime; (c) there was no history of criminal punishment exceeding the fine prior to the instant crime; and (d) the father of the Defendant gave a certain amount of money to the victim’s family members for nursing expenses and medical treatment expenses.

Even though the father of the defendant paid some hospital expenses and nursing expenses of the victim in the first instance trial, it is difficult to see that there is a change in circumstances to the extent of changing the sentencing of the court below in light of the fact that the defendant's father is in a situation where the victim's consciousness was unknown for a considerable period of time due to the crime of this case, and even until now, the victim's family members still want to be punished against the defendant, etc., and it is difficult to see that there is a change in circumstances to the extent of changing the sentencing of the court below. In addition, considering all the sentencing conditions of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below is too unreasonable

3. Conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

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