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(영문) 수원지방법원 2015.11.03 2014노6034 (2)

상해

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the Defendant’s grounds for appeal (e.g., the Defendant’s error), the Defendant committed the instant crime by contingency under the influence of alcohol, and the Defendant is receiving mental treatment as a basic livelihood recipient, the sentence of the lower court that sentenced KRW 1 million is too unreasonable.

2. In light of the motive and background of the instant crime, the circumstance before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and behavior, environment, etc., as well as the fact that the Defendant was sentenced to four years of imprisonment by larceny at the Jung-gu District Court on January 11, 2007, and the crime of violation of the Punishment of Violences, etc. Act, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.) and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Crime of Violence, etc.) and did not recover from damage up to the trial, the lower court’s punishment

3. 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.