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(영문) 서울남부지방법원 2018.01.11 2017노1697
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is against the depth of the defendant, the defendant was unable to lead a normal social life due to the real name of one eye, the growth in the poor family environment, the economic situation of the defendant is very difficult, the defendant makes efforts to excessive agreements to victims of the crime of violence and the violation of the Emergency Medical Service Act, the special injury crime committed by the victim K and the court below agreed with the victim K that the two balls are assaulted, and the crime of assault and the violation of the Act on the Crimes of Violence and Emergency Medical Service was committed smoothly. In light of the above, the punishment (one year and four months) imposed by the court below is too unreasonable.

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

In addition, the Defendant committed each of the crimes of this case, which occurred without being aware of the period of suspension of execution due to a special injury, as well as criminal punishment on several occasions.

Victims D and H did not agree to the extent of the trial, or did not make efforts to recover from damage.

In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the reasons for sentencing of the lower judgment on the grounds of appeal, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unlimited and it is not determined that the Defendant exceeded the reasonable scope of discretion.

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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