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(영문) 서울북부지방법원 2015.07.28 2015노937

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below seems to have committed the crime of this case in a contingent manner, even though the defendant's mistake is recognized, and it seems that the defendant committed the crime of this case in a situation where the mental and behavioral disorder due to the use of alcohol harmful to himself/herself differs from things or lacks the ability to make a decision. However, the defendant has already been punished by imprisonment and a fine several times due to the same crime as the crime of this case, and the defendant committed the crime of this case again without being able to do so during the repeated crime period of more than two years and six months after the execution of imprisonment due to the same crime of this case. Even though the victim suffered considerable serious injury due to the crime of this case, even though he/she did not receive a letter from the victim by compensating the victim for medical expenses, agreement with the victim, etc., and other factors such as motive and background leading up to the crime of this case, circumstances before and after the crime of this case, defendant's age, character and behavior, occupation, family relation, etc. are considered to be unfair.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.