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(영문) 인천지방법원 2017.09.08 2017노2654
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (such as imprisonment with prison labor for not less than six months) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant's mistake is against the defendant, there is no record of punishment for the same kind of crime, that the victim in a de facto marital relationship does not want to be punished against the defendant, and that the defendant seems to have committed the instant crime by drinking and contingently.

However, even if the statutory penalty for the crime of special injury of this case is mitigated by imprisonment with prison labor for not less than one year but not more than ten years, the maximum sentence is six months, and the court below sentenced six months of imprisonment with prison labor after reducing the amount, taking into account the circumstances favorable to the defendant, and taking into account the following factors: (a) the crime of this case is committed during the period of suspension of execution; and (b) the Defendant’s age, sexual behavior, environment, means of the crime of this case, and results, all of the sentencing conditions in the records and arguments of this case, such as the Defendant’s age, sexual behavior, and consequence, the Defendant’s argument is not acceptable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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