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(영문) 서울동부지방법원 2016.01.21 2015노644
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (7 million won in penalty) is unfair, because it is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant led to the confession and reflect of the instant crime, the fact that the Defendant appears to have committed a contingent crime by drinking, and the degree of damage appears to be relatively minor, and that the Defendant agreed with the victim.

On the other hand, the Defendant committed a second offense without being aware of the fact that he had been punished for the same kind of crime several times, and the police officers who received the report were dispatched, causing injury to the aged female victims who have no ability to resist due to the reason that they did not receive external wounds even though they were dispatched, and the nature of such crime is very poor, and even though they committed a crime during the period of repeated crime, the lower court, which was sentenced to a fine by sufficiently considering the favorable circumstances for the Defendant, is disadvantageous to

In light of such circumstances and other circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc. as indicated in the argument of the instant case, the lower court’s sentence cannot be deemed unfair due to excessive suspension of sentence and the circumstances after the crime.

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

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