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(영문) 서울동부지방법원 2013.04.26 2013노55

실화

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (2,00,000 won of fine) imposed by the court below against the defendant is too unreasonable.

2. Although there are favorable circumstances for the Defendant, such as the confession of the facts constituting an offense, and the fact that it is an contingent crime attributable to minor negligence, the Defendant did not recover from damage to the victim up to the trial, despite the fact that the amount of damage caused by the instant crime was not so much, the Defendant already paid 5 million won to the victim, and agreed to receive an agreement by paying 8 million won more. However, the Defendant did not submit any data.

Considering the circumstances unfavorable to the Defendant, such as the background leading up to the instant crime, the circumstances before and after the instant crime, and the age, character and conduct, the environment, occupation and family relationship of the Defendant, etc., the sentence imposed by the lower court cannot be deemed to be too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.