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(영문) 서울동부지방법원 2014.12.05 2014노1352

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (three million won of a fine) is too unreasonable.

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant, as a primary offender, has a depth of his mistake and reflects against him, the defendant committed the crime of this case in a contingent case after having a dispute with the victim under the influence of alcohol in several times, since he did not have the breacing force first, there are some circumstances to consider the motive and circumstance of the crime of this case, and the defendant seems to be not suitable for the current economic situation, there are some favorable circumstances for the defendant, such as the degree of injury to the victim caused by the crime of this case, but there are less unfavorable circumstances, such as the defendant's receipt of a letter from the victim or failed to reach an agreement with the victim, and the contents, method, means and result of the crime of this case, the circumstances after the crime of this case, the age, character and conduct of the defendant, intelligence and environment, etc., the above assertion by the defendant cannot be accepted because the punishment of the court below against the defendant is too inappropriate.

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