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(영문) 청주지방법원 2015.07.29 2015노275
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (1.5 million won of a fine) declared by the court below is too unreasonable in light of the gist of the grounds for appeal.

2. The Defendant recognized all of the instant crimes and repented in depth the mistake.

In addition, considering the gender and age differences between the defendant and the victims, and the fact that the victims appear to have prevented the defendant immediately after the crime of this case, it is difficult to deem that there was a serious risk of violence committed by the defendant to the victims.

In addition, the fact that the defendant has no particular criminal history until now, and the victim's injury is relatively minor, etc. should be considered in favor of the defendant.

However, the crime of this case was committed by the defendant on his hand and on his books, resulting in an injury requiring two weeks' treatment by taking the victim's face and spons, and the illegality of the act is not weak.

In addition, the defendant did not take any measures to restore victims' damage up to now.

Furthermore, the above favorable circumstances appear to have been fully reflected in the lower court’s sentencing judgment, and in full view of other circumstances that are the conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentencing is too unreasonable.

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

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