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(영문) 의정부지방법원 2019.05.02 2018노1931
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, and three years of suspended execution) of the lower court is undue.

2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, unless there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, this shall be respected as

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, on the grounds of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In addition to the circumstances that the lower court rendered on the grounds of sentencing (including multiple violence districts, the confession of crimes, and the fact that some victims do not want to be punished by the Defendant), all of the sentencing conditions (i.e., punishment repeatedly several times (two million won for the crime of injury and damage to property on August 19, 201), and a fine of two million won for the crime of interference with business on April 13, 201, a fine of two million won on June 16, 2011, and a fine of five hundred million won on January 31, 2013), did not take into account the economic situation of the Defendant’s victim, and thus, did not accept the Defendant’s new criminal relationship with the lower court.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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