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(영문) 광주지방법원 2013.09.06 2013노296

상해

Text

The defendant's appeal is dismissed.

Reasons

1. When considering various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below (one million won of fine) is too unreasonable.

2. The judgment of the defendant committed the crime of this case contingently in the process of taking a victim's head into account, and the defendant expressed his/her intention that the victim does not want the punishment in the criminal conciliation procedure that was conducted by the prosecution. However, the defendant has been punished more than 20 times for the same crime. In particular, on May 3, 2011, the defendant committed the crime of this case even though he/she was sentenced to five months of imprisonment with prison labor for injury at the Gwangju District Court on May 3, 201, again during the period of repeated crime that has not yet passed thereafter. Considering all of the sentencing conditions prescribed in Article 51 of the Criminal Act, including the balance of sentencing with other cases similar to the crime of this case, including the defendant's age, character and behavior, environment, method of crime and circumstances before and after the crime, the defendant's assertion cannot be seen as being unfair because the sentence of the court below is too too unreasonable.

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.