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(영문) 인천지방법원 2018.02.09 2017노4751
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant’s misunderstanding of one’s own mistake is late; and (b) the Defendant committed the instant crime by reporting the Defendant’s misunderstanding of the victim and the Defendant’s misunderstanding; and (c) the Defendant committed the

On the other hand, the fact that the victim suffered serious injury that requires treatment for about 42 days, that there was no agreement with the victim, and that there was no recovery of particular damage to the victim, that the defendant has been subject to criminal punishment more than 14 times and that there was a number of records of punishment due to violent crimes, etc. are disadvantageous to the defendant.

In full view of the above circumstances and the scope of the sentencing guidelines for violent crimes (6th -2 years of imprisonment), among the special sentencing factors, for which no mitigation factor exists among the persons subject to the special sentencing factors (6th - second -) in the area of aggravation (6th - 2 years of general injury), the sentencing factors among the sentencing factors: serious injury: the defendant's age, sexual conduct, occupation and environment, motive and circumstance leading to the instant crime, and other various sentencing conditions as indicated in the instant records and the changes theory, such as the circumstances after the instant crime, etc., the lower court's sentence is too unreasonable.

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

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