logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2018.02.22 2017노519
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The fact that the injured party does not have much degree of injury to the injured party and does not want the punishment of the accused is favorable to the accused.

However, the crime of this case was committed by the defendant by getting the head of the victim to be the main disease.

As a result, although the victim suffered minor injuries that require treatment for about 2 weeks, in light of the criminal law, the defendant is highly likely to cause danger to the life and body of the victim in light of the fact that the defendant has been punished several times due to the same veterinary act.

The defendant has a record of criminal punishment, including punishment on several occasions, due to violence, theft, etc.

Nevertheless, since the Defendant committed the instant crime only six months after release, it is necessary to punish the Defendant with severe punishment.

B. At the time of this case’s investigation into the police, the Defendant, by denying the crime at the time of the investigation into the police, found the witness’s house and satisfing the witness’s failure to commit the crime, had shown a doubtful act as to whether he was seriously against his wrong act.

Considering these circumstances in light of the circumstances unfavorable to the Defendant, and comprehensively taking account of the Defendant’s age, character and character environment, circumstances before and after the commission of the crime, and various sentencing conditions as shown in the record and pleadings, the lower court’s sentence against the Defendant is too unreasonable.

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.

arrow