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(영문) 의정부지방법원 2016.04.12 2015노3257
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflect on the instant crime, that the Defendant has no record of punishment heavier than a suspended sentence, that there is a self-support for the Defendant to support the Defendant, and that there is no family situation.

B. However, in full view of all the circumstances that are conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime, and circumstances after the crime of this case, the lower court’s punishment is too unreasonable even if considering the aforementioned circumstances favorable to the Defendant, and thus, cannot be determined as unfair, even if it is too unreasonable, in light of the following circumstances: (a) the degree of the injury was not exceptionally agreed with the victim; (b) the damage was not recovered; and (c) the damage was not recovered; and (d) there was no special change in circumstances after the lower judgment was sentenced; and (b) there

Therefore, the defendant's above assertion is without merit.

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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