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(영문) 인천지방법원 2013.07.05 2013노1100

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 800,000) is too unreasonable.

2. The circumstances that are favorable to the Defendant include the following: (a) the victim first expressed a severe desire to the Defendant’s wife; (b) the Defendant prevented the Defendant from committing the instant crime; and (c) there are some other circumstances that may be taken into account the circumstances, such as leading to the instant crime; and

However, in light of the following: (a) the injury suffered by the victim due to the instant crime is not less severe; (b) the lower court already mitigated the punishment of a summary order (one million won of fine) by taking into account the favorable circumstances for the Defendant as above; (c) there are no special circumstances or changes in circumstances that may be additionally considered in the trial; and (d) other circumstances that form the conditions for the pleadings and the sentencing on the records of the instant case, including the Defendant’s age, character and conduct, environment, and circumstances after the commission of the instant crime, the Defendant’s assertion is not acceptable because the sentence imposed by the lower court is too unreasonable

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