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(영문) 수원지방법원 2014.05.01 2013노5939

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable;

2. Determination takes into account the following factors: (a) the Defendant led to the confession of the instant crime; (b) the Defendant deposited 1.7 million won for the victim; and (c) the Defendant did not have any record of punishment for the same kind of crime; (b) the Defendant assaulted the victim at the end of driving expenses; (c) attempted to escape from driving expenses; (d) the degree of injury inflicted on the victim by the instant case is not less than that of the victim; (d) the Defendant did not reach an agreement with the victim; and (e) the Defendant did not act in good faith in the police investigation process; and (e) the Defendant’s age, character and conduct, environment, details of the crime, circumstances before and after the crime, etc., and all the sentencing conditions indicated in the records and arguments of the instant case do not seem to be unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(However, since it is obvious that the "3.70,00 won" in the second letter of the judgment of the court below is a clerical error in the "3.20,000 won", it shall be corrected ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.