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(영문) 서울중앙지방법원 2018.11.09 2018노2356
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. In the instant case where there is no change in the sentencing conditions that would be particularly considered when the judgment was rendered, the case was expanded by the Defendant’s assaulting the victim who is not good between ordinary people, without any particular reason, even though the victim did not avoid the harm.

In full view of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, health conditions, family relationship, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable, and it is difficult to view that the Defendant’s assertion is unreasonable, since it is too unreasonable, considering the following circumstances: (b) the Defendant’s age, sexual behavior, environment, health condition, family relationship, motive and consequence of the crime, etc.; and (c) the victim did not agree with the victim,

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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