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(영문) 인천지방법원 2014.10.07 2014노769

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (one million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the Defendant recognized the instant crime and reflects on the fact that some of the circumstances of the instant crime are considered, that some of the circumstances appear to be considered, that the Defendant appears to be a contingent crime under the influence of alcohol, and that there is a family member to support the Defendant. However, the Defendant committed the instant crime without being aware of the fact that the Defendant was in existence of a repeated crime due to the crime of rape and bodily injury, etc., in light of the victim’s photographs, the degree of damage does not seem to be minor but does not seem to be minor in light of the victim’s photograph, the Defendant did not have agreed with the victim, without any special circumstances or changes that may be newly considered in sentencing after the pronouncement of the lower judgment, and all other circumstances, including the Defendant’s character and conduct, environment, relationship with the victim, motive, means and consequence of the instant crime, the circumstances after the crime, etc., and the sentencing conditions

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.