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(영문) 광주지방법원 2015.05.26 2014노2544
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (4 months of imprisonment and 2 years of suspended execution) of the lower court is too unreasonable.

2. In full view of the factors of favorable sentencing, such as the fact that the defendant is disabled with physically handicapped class 3 and is not adequate in economic circumstances, the defendant has a history of being subject to criminal punishment several times for the same kind of crime, the victim inflicted an injury by assaulting the victim solely on the ground that the defendant committed the act of disturbance, and the damage recovery has not been achieved, the factors of unfavorable sentencing, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other circumstances that form the conditions of sentencing specified in the records and arguments of this case, including the circumstances after the crime, and the scope of recommended sentences of the sentencing guidelines (two months to one year and six months), it cannot be deemed unfair because the court's sentence against the defendant is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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