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(영문) 서울중앙지방법원 2014.05.29 2014노1140

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court’s sentencing (e.g., a fine) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant is in depth of his mistake, the defendant is in an unsatisfyed place in the economic aspect, and the defendant was forced to enforce the restaurant that he operated, and the defendant committed the crime of this case by contingency.

However, in full view of the following circumstances: (a) the degree of injury of the victim cannot be deemed to be light; (b) the Defendant did not take any measures to recover the victim’s damage until the trial was in the court; and (c) the Defendant’s age, character, conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime were committed; and (d) the court below’s sentence is too excessive and unreasonable, and thus, the Defendant’s above assertion is without merit.

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