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(영문) 광주지방법원 2015.04.23 2015노633
상해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant recognized his mistake, that the defendant agreed smoothly with the injured victim, that the defendant has an ordinary apprehension disorder and that the crime of this case seems to have been committed by drunkly, is a favorable factor for sentencing.

However, in full view of the following: (a) the Defendant committed the instant crime without being aware of the fact that he/she was under suspension of execution due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and the degree of injury to the victim of the instant crime, and the crime of obstruction of performance of official duties is a highly unfavorable sentencing element; and (b) there is no change in circumstances that make it possible to change the judgment of the court below and the punishment different; and (c) other factors such as the background of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as well as various sentencing materials on the oral argument, including the background of the instant crime, circumstances after the crime, Defendant’s age, personality and conduct, and the scope of recommended sentence (6 months to 10 months) according to the sentencing guidelines of the Sentencing Commission, the Defendant’s assertion is

Therefore, 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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