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(영문) 수원지방법원 2019.09.26 2019노4004
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Even though the circumstances are recognized, such as the confession of the Defendant to commit the instant crime and reflects his mistake, and the fact that the Defendant has no record of criminal punishment in the Republic of Korea, this seems to have already been considered in the sentencing of the lower court.

In addition, in full view of the following circumstances: (a) the instant crime committed committed on the grounds that the Defendant, along with other accomplices, assaulted the victims on the ground that the Defendant her behavior was flicked by the victims; (b) knife the knife of the victim knife; and (c) knife the victim knife in light of the method and content of the crime; and (b) the Defendant did not endeavor to recover damage; and (c) the sentencing equality with the same and similar incidents; and (d) the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, etc., it is not recognized that the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

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

[However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act (the point of joint assault and the choice of imprisonment) of the Criminal Procedure Act shall be corrected to read "Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault and the choice of imprisonment)," which reads "6-7 lines of the judgment of the court below."

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