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(영문) 서울고등법원 2020.06.12 2020노610
폭력행위등처벌에관한법률위반(상습특수상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The lower court determined that: (a) the Defendant’s punishment was imposed against the Defendant; (b) the Defendant’s punishment was imposed; (c) the instant crime was committed on the ground that the Defendant was committed with a her wife, and was committed with a dangerous object on the ground that she was in harmony with the victim; and (d) the commission of the instant crime was bad in quality; (c) the Defendant committed the instant crime during the period of repeated crime; (d) multiple violentities; (b) the Defendant’s recognition of all the instant crimes; (c) even before the instant case was committed; (d) the Defendant still remains in a de facto marital relationship with the victim; (d) the Defendant still maintains a de facto marital relationship with the victim; (e) the victim did not want the Defendant’s punishment; and (e) the Defendant expressed his intent to disrupt the Defendant’s wife from the investigative agency to the court of the lower trial; and (e) the Defendant has been working to become a member of a sound society, such as

Imprisonment with prison labor for one year and six months sentenced by the court below is the lower limit of the applicable sentencing range, and also the lower limit of the recommended sentencing criteria.

In addition, it is inevitable to sentence the defendant to commit the crime of this case during the period of repeated crime.

The grounds for sentencing asserted by the defendant in this court have been sufficiently considered in the process of determining the above punishment, and there are no other special circumstances to change the sentencing of the court below.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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

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