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(영문) 수원지방법원 2019.07.11 2019노1342

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. Recognizing that circumstances are recognized, such as the Defendant’s confession of the instant crime and reflects his mistake, and the fact that there was no record of punishment in the Republic of Korea, this seems to have already been considered in the sentencing of the lower court.

In addition, the instant crime was committed in full view of the following circumstances: (a) the Defendant was dissatisfied with the victim, and the Defendant caused the victim’s body in multiple times due to the despoled fish de; (b) the nature of the crime was considerably poor in light of the method and content of the crime; and (c) the victim’s photographs and spokeed fish spores photographs, etc.; and (d) it is difficult to deem that the victim’s injury is minor according to the victim’s upper part of the crime; and (b) the Defendant did not take any measures to recover the damage until now; and (c) equity in sentencing with the similar and similar incidents, and other various sentencing conditions indicated in the instant argument, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime; and (d) the circumstances after the crime, etc., it is not recognized that the lower

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.