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(영문) 서울남부지방법원 2014.02.13 2013노1819

상해

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (1.5 million won of fine) imposed by the court below is too unreasonable.

Therefore, it is true that there are circumstances that can be considered for the defendant, such as the fact that the defendant is living together, the defendant is living together in depth, the victim does not want to punish the defendant, the degree of the victim's injury seems not to be more severe, and the defendant is in an economically difficult situation.

However, in light of the fact that the defendant inflicted an injury on the victim's sexual intercourse with beer disease without any reasonable reason, and the danger of the form of the act could have been serious result; in consideration of the above circumstances favorable to the defendant, the court below sentenced a fine of KRW 1.5 million, which has been significantly reduced by a fine of KRW 3 million under a summary order by taking into account the above circumstances that are already favorable to the defendant; and there are no special circumstances or changes in circumstances that may be considered in sentencing newly after the court below sentenced the judgment below; and in full view of other various circumstances, including the defendant's age, character, character, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it is not recognized that the court below's sentence imposed on the defendant is too unreasonable.

Therefore, the defendant's assertion is without merit.

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