beta
(영문) 울산지방법원 2012.12.21 2012노632

상해

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (1.5 million won of fine) is too unreasonable.

2. Determination has given favorable circumstances such as: (a) the Defendant’s lending of KRW 50 million to the victim, who is a dead money, caused a contingent crime; (b) the Defendant deposited KRW 5 million for the victim; (c) the Defendant did not have any criminal record or any criminal record of qualification suspension or more; and (d) the Defendant reflects the Defendant’s mistake; (b) however, the lower court appears to have determined a sentence for the Defendant by reducing the amount of the first summary order in consideration of these circumstances; (c) the degree of injury of the victim is not easy; (d) the Defendant did not receive a letter from the victim; and (e) the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the Defendant’s sentence imposed on the Defendant is unreasonable. Therefore, the Defendant’s assertion is without merit.

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