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(영문) 광주지방법원 2018.07.17 2018노1603
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and opposed to it, and agreed with the victim at the investigation stage.

On January 31, 2018, the principle of equity should also be taken into account when a judgment has been rendered concurrently with a crime of violation of the Punishment of Violences, etc. Act (joint assault) that has become final and conclusive.

However, the crime of this case is that when the defendant takes the face of another prisoner in the prison, the defendant inflicted an injury on the victim, such as the mouth, eye, and tissue strawing, etc. requiring approximately two weeks of medical treatment, and the nature of the crime is not weak in light of the part of the injury.

The Defendant had been subject to two times juvenile protective disposition and four times of criminal punishment (two times of punishment, one time of suspended execution, one time of suspended execution) due to the same crime, and in particular, committed the instant crime while being under criminal trial due to the same kind of crime.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

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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