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(영문) 서울중앙지방법원 2016.12.08 2016노3800

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, and two hours of community service) is too unreasonable;

2. 판단 이 사건 상해 사건은 피해자가 도로의 가장 우측 차선으로 진행 중 신호에 따라 정지하자 그 뒤에 있던 피고인이 피해자의 차량 때문에 우회전을 하지 못하게 되었다는 이유로 피해자의 차량을 �아가 피해자의 차량을 막아선 후 시비를 하던 중 발생한 것이다.

Since the vehicle line, which had been stopped by the victim at the time, was all possible to make a right-hand and bypass, the victim did not err in driving directly with the above vehicle line.

Although the victim was used in a double-road sloping board due to the defendant's assault, the defendant left the site without examining the condition of the victim or taking special measures.

Defendant has been already punished seven times due to violent crimes.

In full view of the above circumstances, even if the Defendant was assaulted by the victim, and even if considering that the Defendant deposited KRW 2 million for the victim, the sentence of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because it was too unreasonable to impose the sentence on the victim.

3. 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.