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(영문) 서울남부지방법원 2013.12.26 2013노1657
상해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (one million won of fine) imposed by the court below is too unreasonable.

Therefore, it is true that there are extenuating circumstances to consider the defendant, such as the fact that the defendant agreed smoothly with the victim, the fact that the defendant is in an economically difficult situation, and the fact that there is no power to commit a crime for about 10 years.

However, in light of all the circumstances asserted by the Defendant as the grounds for appeal, it is not recognized that even if considering all of the circumstances asserted by the Defendant as the grounds for appeal, it is unreasonable to deem that the Defendant’s punishment imposed by the lower court is too unreasonable to the extent that it should be reversed. The lower court rendered a fine of KRW 1 million, which has been significantly reduced in the amount of fine under a summary order by taking account of various circumstances favorable to the Defendant, and that there are no special circumstances or changes in circumstances that may be considered for sentencing newly after the sentence of the lower judgment, and other various circumstances that form the conditions for the argument and sentencing of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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