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(영문) 수원지방법원 2020.06.15 2019노6711
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (a fine of 4 million won) is too unreasonable.

B. In light of the fact that the Defendant, even though he was the perpetrator of noise between floors, unilaterally assaults the victim suffering from mental pain, does not reflect the truth, and the victim’s degree of injury is serious and appeal for mental pain, etc., the Defendant’s punishment (basic fine of KRW 4 million) in the lower judgment is too unreasonable and unfair.

2. The judgment of the court below has reached an agreement with the victim when it comes to the trial, the recognition of the crime of this case, the fact that there is no record of criminal punishment, the degree of injury suffered by the victim seems to have suffered a considerable mental pain without being provided with the light of the circumstances leading to the crime of this case, motive, circumstances after the crime of this case, the defendant's age, character and conduct, etc. In addition, it cannot be deemed that the sentencing of the court below is too heavy or it goes beyond the reasonable scope of discretion, by taking full account of all the factors indicated in the records

3. The appeal filed by the defendant and the prosecutor in conclusion are all dismissed. It is so decided as per Disposition.

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