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(영문) 의정부지방법원 2015.09.23 2014노2868

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 800,00,000 is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant recognized the crime and reflects on the fact that the Defendant is committing the crime; (b) the Defendant is in an economically difficult condition, such as collecting straw water and living together with his old health conditions; and (c) after being sentenced to a minor fine in 192, there is no record of punishment for other crimes, the Defendant is favorable to the Defendant; (d) the instant crime begins in the motive that the victim could not easily have been punished for another crime; (b) the background leading up to the crime including the fact that the injury suffered has yet to be recovered yet; (c) the degree of injury suffered by the victim; and (d) the circumstances after the crime, etc., the lower court’s punishment determined by reducing the amount of fine under the initial summary order (one million won) cannot be deemed unfair, taking full account of the favorable circumstances as seen earlier.

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.