beta
(영문) 서울동부지방법원 2013.07.12 2013노453

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (the community service order of two years and eight hours of suspended execution in six months of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) the Defendant was punished as a fine for a drunk driving once; and (c) the Defendant did not have any particular criminal record other than the Defendant’s punishment; (d) however, even though the Defendant suffered injury, such as a cage of cage at least six weeks of treatment due to the instant crime, the Defendant did not completely recover from damage up to the trial; and (e) other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means, means, consequence of the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

[However, since it is apparent that the “1. Social Service Order Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc.” is omitted in the application column of the lower judgment, Article 25 of the Regulations on Criminal Procedure is amended to add “1. Social Service Order Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc.,” at the last column for the application of the said Act