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(영문) 서울서부지방법원 2013.05.09 2013노232
상해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Considering the fact that the defendant is a person with a disability in the fourth degree and that the defendant's economic situation is difficult, the punishment imposed by the court below on the defendant is too unreasonable.

Judgment

There are circumstances that may be considered, such as the fact that the Defendant agreed smoothly with C, the victim of the instant injury, the fact that the Defendant was disabled by the physically handicapped class 4, and the Defendant led to the confession and the mistake.

However, considering the following facts: (a) the Defendant was a criminal record for which the Defendant was punished several times due to drinking driving; (b) the Defendant inflicted injury on the victim C at the night; and (c) the commission of each of the crimes committed by police officers to comply with a legitimate request for measurement of drinking; (c) the statutory penalty for the crime of violation of the Road Traffic Act among the crimes of this case is a fine of not less than one year but not more than three years, but not more than ten million won, or a fine of not less than five million won, and (d) the lower court sentenced the Defendant to the maximum sentence, and all other sentencing conditions shown in the records and arguments, the lower court’s punishment is deemed reasonable, and thus, the Defendant’s allegation of unfair sentencing is groundless.

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.

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