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(영문) 서울중앙지방법원 2016.04.22 2015노4937
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of deliberation (ten months of imprisonment, two years of suspended execution, observation of protection and community service work, 120 hours) on the summary of the grounds for appeal is too unreasonable;

2. The following can be considered as a favorable circumstance for the Defendant: (a) the Defendant was committed in the appellate trial, and the Defendant appears to have made all confessions and reflects; (b) the Defendant paid 3 million won to the victim in the first instance trial and agreed that the victim does not want to be punished against the Defendant; and (c) the Defendant is a contingent crime.

However, the Defendant’s use of violence against the victim under the influence of alcohol solely on the ground that the Defendant does not sit in the drinking place. As a result, the victim suffered serious injury, such as the two dubs that require treatment for about six months, etc., the Defendant’s imprisonment with prison labor or heavier punishment force is limited to three times (two times of suspended execution, two times of suspended execution), and the Defendant’s age, sexual behavior, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc. are considered as being too unreasonable, taking full account of the sentencing conditions expressed in the trial process of this case, such as the Defendant’s age, sexual behavior, family environment, motive and means of the crime, etc.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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