beta
(영문) 서울중앙지방법원 2014.05.22 2014노656

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (700,000 won of fine) declared by the court below is too unreasonable.

2. In the judgment of the defendant when the defendant was in the trial, all of the crimes of this case are recognized, and even if the back part of the above vehicle was faced with the defendant while the victim was driving ahead of the vehicle, it is recognized that there are some circumstances to take into account the circumstances and circumstances that the defendant who is the senior citizen did not significantly kill the defendant, and that there is little difficulty in the economic situation of the defendant.

However, in full view of the following circumstances: (a) the Defendant did not make a serious effort for the recovery of damage, such as the death of the victim or the agreement with the victim after the crime of this case; (b) the victim is also seeking strong punishment against the Defendant; (c) the Defendant was subject to multiple criminal punishment; and and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, character, conduct, and environment, even if considering all of the aforementioned circumstances, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.