beta
(영문) 수원지방법원 2015.04.09 2015노1072

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the Defendant (unfair form of punishment) and the fact that the Defendant commits the instant crime by contingency under the influence of alcohol, the lower court’s sentence that sentenced six months of imprisonment is too unreasonable.

2. The judgment of the court below was rendered on September 13, 2001 in violation of the Punishment of Violences, etc. Act, etc. at the Gwangju District Court, which had been sentenced to imprisonment of 2 years and 6 months, and had a record of having been punished several times for the same kind of crime, the degree of injury suffered by the victim D is not somewhat less than that of the victim D, and the damage recovery was not performed up to the trial. In light of the motive and circumstance of each crime of this case, the situation before and after the crime of this case, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior and environment as shown in the records and arguments of this case, considering all the circumstances alleged in the grounds for appeal, it cannot be deemed unfair since

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.