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(영문) 광주지방법원 2017.11.21 2017노3166
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant recognized all of the instant crimes, agreed with the victims of injury, theft, and special intimidation, and deposited KRW 3 million to the defrauded.

However, each of the crimes of this case committed a special intimidation by means of dangerous methods, such as 0.121% of alcohol concentration in the blood without being aware, while driving without a license, even though each of the crimes of this case was prosecuted by two victims of bodily injury, 50,000 won of cash theft, 20,000 won of 20,000 won of 20,000 won, and the trial was in progress. As such, the police officers were dispatched to the scene, the police officers presented their identification card, exercised their force against police officers, and was committed as if they were sentenced to punishment during the investigation process, and the nature of the crime is not easy even if only the crime committed by the Defendant itself.

Even if the defendant was a repeated crime period, he committed each of the crimes of this case, and has the record of having committed 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 the circumstances, such as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, etc., along with the foregoing 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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