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(영문) 서울동부지방법원 2014.11.28 2014노1384

상해

Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

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

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant's mistake is against the defendant, there is no certain income, and that the defendant has to support old-parents and wifes, and that the extent of damage caused by the crime of this case is relatively minor in terms of the degree of damage caused by the crime of this case, the court below seems to have determined the punishment by reflecting such circumstances, the criteria for handling similar cases which are different from the fact that the defendant had already been punished several times due to violent crimes and did not recover damage to the victim, and other unfavorable circumstances such as the motive and circumstance leading up to the crime of this case, the circumstances before and after the crime, the defendant's age, character and behavior, environment, occupation and family relations, etc. are considered, and the punishment imposed by the court below is too inappropriate.

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, and the application for compensation order of this case is not reasonable since the scope of liability for compensation against the applicant for compensation is not clear. Thus, the application for compensation order of this case is dismissed in accordance with Articles 25 (3) and 32 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and is so decided