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(영문) 서울북부지방법원 2017.01.13 2016노2283

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. In the appellate trial, the Defendant deposited KRW 400,00 in each of the 400,000 won to the injured victims G, E, and F, and 20,000 won to the victims of assault, intimidation, threat, and damage, respectively, and the Defendant appears to have committed any contingent crime with the influence of alcohol.

However, in light of the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment cannot be deemed unfair, even if it is considered that the Defendant’s assertion on the grounds of appeal is unreasonable. In so doing, it did not err by misapprehending the legal doctrine on the grounds of appeal.

Therefore, the defendant's argument of sentencing is not accepted.

3. If so, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.