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(영문) 수원지방법원 2015.08.27 2015노102
상해등
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The judgment of the Defendant appears to have committed the instant crime under the influence of alcohol at the time, and the fact that the Defendant committed the instant crime in a contingency and impulse, and that his mistake was pened and reflected in the trial, etc., are favorable to the Defendant.

However, there are many kinds of records of punishment for the same crime, such as suspended execution, and the defendant repeatedly committed the crime of this case during suspended execution after being punished for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) on or around 2013. The crime of this case is not appropriate for the crime of this case, such as provokinging time fees and exercising violence against foreign victims D and E without any special reasons, and the defendant did not reflect the crime of this case, such as denying his own crime from the investigation process to the trial process of the court below, and it is difficult to deem that the defendant made efforts to recover damage even if there are considerable damages to victims, and taking full account of all the sentencing conditions such as the defendant's age, environment, character, and conduct, it is difficult to view that the sentencing of the court below is too unreasonable. Thus, the above argument of the defendant 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 ground that the defendant's appeal is without merit, and is dismissed in accordance with Article 191 (1), Article 190 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act on the grounds that the defendant bears the costs of lawsuit at the original

[However, Articles 70(1) and 69(2) of the Criminal Act in the application of the laws and regulations in the holding of the court below are clear that the phrase “Article 70(1) and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014)” is a clerical error in Article 70 and Article 69(2) of the former Criminal Act. Thus, it shall be corrected ex officio pursuant

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