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(영문) 서울동부지방법원 2014.05.01 2013노1551
상해
Text

The defendant's appeal is dismissed.

Reasons

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

Therefore, there is a true fact that there are circumstances to consider the defendant, such as the fact that the defendant is aged and the defendant is in the past, and that all of the crimes of this case are confessioned and his mistake is divided.

On the other hand, however, the degree of damage was significant to the extent of the victim's injury caused by the instant crime up to three months prior to the judgment of the court. Nevertheless, the defendant did not agree with the victim or endeavor to recover from damage, taking into account the circumstances favorable to the defendant, the court below sentenced a fine of 2 million won, which has been reduced by 3 million won in a summary order by taking into account the circumstances already favorable to the defendant, and there are no special circumstances or changes in circumstances that may be considered newly after the decision of the court below. In full view of other various circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., which are conditions for the argument and the sentencing specified in the records of the instant case, it is not recognized that the sentence imposed by the court below is too unreasonable.

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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