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(영문) 광주지방법원 2021.02.10 2020노2904
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the Defendant shows the form of recognizing and reflecting the crime.

The victim of special injury did not want to punish the defendant, but the thief was returned to the victim.

It seems to have affected the defendant's mental illness crime.

However, without any particular reason, the Defendant stolen a vehicle by taking the victim's head into consideration, leaving the victim's head at the place of the living without any particular reason and driving the vehicle at the time, and driving the vehicle at the same time. In light of the relationship between the Defendant and the victim, motive for the crime, method of the crime, contents, etc., it is not very good that the crime is committed.

The defendant was unable to agree with the thief victim.

Defendant has been punished for larceny, and committed each of the crimes in this case during the probation period due to interference with special official duties.

In addition, considering the Defendant’s age, sexual conduct, environment, motive, means, consequence, and all of the sentencing conditions in the instant case, as shown in the records and pleadings, the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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