수원지방법원 2013.04.25 2013노503



The defendant's appeal is dismissed.


1. In light of the motive and background leading up to the instant crime and the circumstances of the Defendant, etc., the sentence of the lower court (two million won of fine) is too unreasonable.

2. The Defendant’s act of committing the same offense does not include that sentenced to a fine not exceeding 20 years prior to being sentenced to a fine, the relationship with the victim who was divorced from the Defendant, and the circumstances of the Defendant, etc. However, the crime of this case is deemed unfair because the Defendant’s punishment is too excessive, considering the following factors: (a) the Defendant took advantage of his motive to the victim; (b) the Defendant took a bath to the victim; and (c) the victim was damaged by drinking, and thus, the degree of the victim’s serious violence is not easy; and (d) the physical and mental harm of the victim was not small; and (e) the agreement with the victim was not reached; and (e) other various sentencing conditions shown in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, motive and circumstance after the crime, circumstances after the crime, and criminal records.

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.