beta
(영문) 서울동부지방법원 2017.01.19 2016노1234

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.

2. In light of the following factors: (a) the degree of the instant injury is not much weighted; (b) the investigative agency has been agreed upon between the victim and the two parties and submitted a letter of non-taxation; (c) however, the Defendant has the history of fine of the same kind at seven times; (d) the developments leading up to the occurrence of the instant case; (e) the Defendant’s age, sexual conduct, environment; (e) the background and consequence of the instant crime; and (e) all other circumstances constituting the conditions of sentencing as shown in the records and arguments, such as the circumstances after the instant crime; and (e) the lower court’s punishment is adequate and is not too unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.