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(영문) 서울서부지방법원 2015.06.12 2015노359

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (700,000 won) imposed by the court below on the defendant is too large.

2. Determination is the circumstances favorable to the Defendant, such as the fact that the Defendant led to the confession of and reflects on the instant crime, the fact that the Defendant is aged 70, and the degree of injury suffered by the victim seems to be relatively less and less weak.

However, in light of the background of the instant crime and the method of the crime, etc., it cannot be deemed that the nature of the crime is light in light of the following: (a) the victim was not satisfied; (b) the victim was punished; and (c) the victim did not present any additional circumstances to change the sentence of the lower court in the first instance trial; and (d) the court below’s sentence that sentenced the Defendant to a fine of KRW 700,000 is too unreasonable, considering the circumstances unfavorable to the Defendant, such as the Defendant’s character and conduct, family environment, means and method of the crime, and the circumstances after the crime, etc.

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 as it is without merit. It is so decided as per Disposition.

[However, Article 70(1) and Article 69(2) of the Criminal Act (amended by Act No. 12575, May 15, 2014) are clear that the term "Article 70(1) and Article 69(2) of the former Criminal Act (amended by Act No. 12575, May 15, 2014)" in the 2nd sentence of the judgment of the court below is a clerical error of the Criminal Procedure Act, and