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(영문) 인천지방법원 2014.06.27 2013노3583
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, one year of probation, one year of social service, 120 hours of imprisonment) is too unreasonable; and

2. The circumstances favorable to the defendant include: (a) the defendant was aware of the crime of this case and his mistake is divided; (b) the defendant was smoothly agreed with the victim; and (c) there was no record of having been sentenced to punishment or a punishment exceeding the fine for the same kind of crime.

However, in light of the fact that the court below determined the punishment by fully considering the circumstances favorable to the defendant, and that there seems to exist no changes in circumstances that could change the type of punishment from the judgment of the court below, and that the crime of this case was committed by the defendant to prevent the victim from changing his/her job for his/her own interest, and the nature of the crime is bad, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, happiness environment, and circumstances before and after the crime, the sentence against the defendant is too unreasonable.

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

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