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(영문) 서울동부지방법원 2015.05.14 2014노1760

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won imposed by the court below on the defendant is too unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the defendant who made a judgment on the grounds for appeal led to the confession of the crime and the mistake is divided; and (b) the victim withdraws the complaint and desires to withdraw the wife against the defendant by agreement with the victim.

However, considering the fact that the defendant has already been punished by a fine or a suspended sentence of imprisonment due to a violation of the Punishment of Violences, etc. Act, and that the court below already reduced the fine to KRW 1 million against the defendant who requested formal trial after receiving a summary order of KRW 2 million, the court below's sentencing conditions prescribed in Article 51 of the Criminal Act, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., even though the defendant's punishment of KRW 500,000 or more can be limited to the eligibility for election, such as the Seoul Special Metropolitan City Personal Taxi Transportation Business Association, the representative of the taxi transportation business association, and the head of the branch office, etc., the sentence imposed by the court below is appropriate,

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.