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(영문) 서울중앙지방법원 2014.02.07 2013노4294

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the two-month imprisonment) of the lower court is too unreasonable in light of the following: (i) the Defendant’s mistake (e.g., the Defendant’s mistake) and reflects the Defendant’s fault; (ii) the victim B’s speech that the victim B may respect himself/herself; and (iii) the fact that the victim is expected to agree with the victim.

2. Although the judgment of the court below has taken account of the fact that the defendant caused considerable damage to the victim due to the instant case, but there is no particular change of damage until the trial was held, and all other circumstances, including the defendant’s age, character and conduct, motive, means and consequence of the instant crime, and circumstances after the crime, etc., which are the sentencing conditions specified in the records and arguments, are 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.