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(영문) 서울중앙지방법원 2015.09.17 2015노2198

상해

Text

The defendant's appeal is dismissed.

Reasons

The defendant asserts that, on the grounds of the appeal of this case, the punishment of the court below (the fine of KRW 2,000,000) against the defendant is too unreasonable.

At the time of the instant case, the Defendant submitted a written diagnosis of injury by asserting that he had inflicted an assault against the victim, but there is no evidence supporting the fact that the injury was caused by the assault from the victim.

Although the defendant's mistake is against the defendant regardless of the circumstances, the defendant's assault did not recover from any damage even though the victim suffered any minor injury due to the defendant's assault, and there seems to be no circumstances to consider the motive of the crime.

In full view of the aforementioned circumstances, the court below’s sentencing is too unreasonable beyond the reasonable scope of discretion, as it did not change compared to the court below’s judgment in light of the following: (a) the background and method of the instant crime; (b) the degree of damage and the recovery of damage; (c) the motive and motive for the instant crime; and (d) the Defendant’s age, character and conduct, career, home environment, and history of punishment; and (d) the overall circumstances, which

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.