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(영문) 의정부지방법원 2018.04.09 2018노527
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 (six months of imprisonment) is too unreasonable.

2. In the first instance of the judgment, the fact that the Defendant recognized and reflected the instant crime, and that there are circumstances that may be taken into account in the process of the instant crime, such as where the Defendant was subject to the harming person prior to the instant crime, and where the harming person from the harming person, etc., is favorable to the Defendant.

However, in full view of all other circumstances, including the Defendant’s age, sex, environment, circumstances of crime, and circumstances after crime, etc., the lower court’s punishment is deemed reasonable and too unreasonable, and thus, the Defendant’s above assertion is without merit. In so doing, the lower court did not err by misapprehending the legal doctrine on the punishment of this case.

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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