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(영문) 인천지방법원 2014.10.24 2014노2839

상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the punishment (five million won of a fine) imposed by the court below on the defendant is too heavy or (the defendant) it is deemed unreasonable.

2. We also examine the grounds for appeal by the Defendant and the Prosecutor.

In full view of the favorable circumstances and circumstances, such as the fact that the Defendant recognized the instant crime and is in depth and reflects on the degree of damage caused by the instant crime, the fact that the degree of damage is not strong, the fact that the Defendant appears to be a contingent crime under the influence of alcohol, the fact that the Defendant deposited 1.5 million won in the trial process of the lower court for the victim, and there are family members to support the Defendant, etc., and that there are many favorable circumstances and records of the instant crime (in particular, 10 months of imprisonment due to the crime of injury on June 11, 2010, 1 year of suspended sentence, 2 years of suspended sentence, 2 years of imprisonment due to assault on January 16, 2013, 1 year of suspended sentence, 200 years of suspended sentence, 1 year of imprisonment, 2 years of suspended sentence, and 2 years of suspended sentence under the above suspended sentence judgment, the lower court, without any special circumstances or circumstances newly considered in the sentencing after the sentence of the lower court, shall be recognized as adequate in full view of the arguments and records.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.