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(영문) 서울중앙지방법원 2014.08.21 2013노3522

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of 6 million won) is too large and unfair.

2. Examining the following circumstances in light of the determination on the grounds for appeal, the Defendant’s assertion is not acceptable on the ground that the sentence imposed by the lower court is unreasonable.

The instant case is a case in which the Defendant unilaterally extracted the victim E and inflicted an bodily injury, such as felling, and damages to property, and furthermore, the nature of the crime is pleasure. The Defendant does not appear to have an attitude against the Defendant. Although the Defendant agreed with the victim D of the damage to property, the agreement was not reached with the victim E with heavy damage, and rather, E wanted to have the strict punishment of the Defendant. There are twice criminal records of the Defendant. There are no special circumstances or changes that may be newly considered in sentencing after the sentence of the lower judgment. 3. Conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, on the grounds that there is no reason to conclude, and it is so decided as per Disposition.