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(영문) 의정부지방법원 2016.08.16 2016노1274

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession of and reflect on the instant crime, and the economic situation is difficult.

B. However, in full view of the following circumstances: (a) the Defendant had three-time criminal records of violence; (b) did not agree with the victim; (c) did not recover damage; (d) did not change any special circumstances after the pronouncement of the lower judgment; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background, and circumstances after the commission of the crime, even if considering the aforementioned circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable,

Therefore, the defendant's above assertion is without merit.

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.