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(영문) 인천지방법원 2016.11.09 2016노3607
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution on the charge of assault among the facts charged in the instant case, and convicted him/her of special injury.

Accordingly, only the defendant appealed against the guilty portion, and the prosecutor did not appeal.

Therefore, since the dismissal part of the judgment of the court below is separated and confirmed, the scope of this court's judgment is limited to the conviction part.

2. The sentence of the lower court against the guilty portion of the grounds for appeal is too unreasonable.

3. It is recognized that the decision-making defendant led to the confession of the instant crime and reflects his mistake.

However, the crime of this case is deemed to have inflicted bodily injury on the part of the victim who is a dangerous object, and the nature of the crime is not good, there are many criminal records of violence, and in particular, the defendant committed the crime of this case during the period of repeated crime of the same kind, and the defendant agreed with the victim. However, according to the result of the sentencing investigation of the court below, according to the result of the sentencing investigation of the court below, it is difficult to regard the victim as having prepared an agreement with the genuine intent and still stated that the defendant would be punished (the 32 pages of the trial record), and considering unfavorable circumstances, such as the fact that there is no special change in circumstances after the decision of the court below was made, and other unfavorable conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character, character, occupation and environment, motive and background leading to the crime of this case, and circumstances after the crime, the defendant's assertion

4. 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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