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(영문) 서울남부지방법원 2016.12.16 2016노300

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant committed the instant crime with the victims who are passengers, and that the defendant is a cancer patient, the sentence of the court below (the fine of KRW 500,000) is too unreasonable in light of the fact that the defendant committed the instant crime.

2. Determination ① that the Defendant does not deny the instant crime in the statement of grounds of appeal for the appeal of the political party, and that it is favorable that the Defendant under diagnosis such as the Defendant’s “defeasite cancer” would not have good health conditions.

② However, in light of the following: (a) the Defendant was punished by a fine of KRW 1 million for the crime of injury in 2007; (b) the Defendant had the record of criminal punishment five times more; (c) the Defendant denied the instant crime at the lower court to present himself/herself in the court and let the victims give testimony; (d) there is no doubt that the victim’s testimony is false; (c) there is no trace of taking measures, such as the Defendant’s repayment of damage to the victims or his/her death; and (c) taking full account of all other circumstances, such as the circumstances leading up to the instant crime, means, results, and the circumstances after the instant crime, etc., the sentence of the lower court is too unreasonable.

3. As such, 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.