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(영문) 서울남부지방법원 2013.06.13 2013노562

상해

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (700,000 won of fine) imposed by the court below is too unreasonable.

Therefore, it is true that there are extenuating circumstances for the defendant, such as the fact that the defendant was aware of the crime of this case and the defendant was divided in depth, that the defendant had no power to commit the crime of this case, and that there are some circumstances to consider the circumstances of the crime of this case.

However, in full view of the following circumstances: (a) the Defendant did not express his/her genuine intention to the victim and did not reach an agreement with the victim; (b) the lower court rendered a fine of KRW 700,000,000, which has been partially reduced by a fine under a summary order by taking account of the aforementioned circumstances favorable to the Defendant; and (c) there are no extenuating circumstances or changes in circumstances that may newly consider the sentencing after the sentence of the lower judgment; and (d) other circumstances that form the conditions for the pleadings and the sentencing indicated in the records, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances that the Defendant asserted as the grounds for appeal, even if considering all of the circumstances

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.