상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.
2. The circumstances favorable to the Defendant are the following: (a) the Defendant is the aged of 74 years; (b) the recognition of the instant crime and the mistake are against the Defendant; (c) there is no past record of criminal punishment since 1997; and (d) the fact that there appears to be difficult economic situation as a recipient
On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the following: (a) the victim (the 82 years of age), who intends to go away on the street where the defendant fights with her own fighting (the 82 years of age), was reported; and (b) the victim's chest part of the chest was sealed by both descendants to the victim for about four weeks, and the nature of the crime is not good; (c) the degree of injury suffered by the crime of this case is relatively heavy; (d) the victim did not reach a full agreement with the victim up to the trial; and (e) the victim did not actively endeavor to recover from damage.
In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.