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(영문) 서울남부지방법원 2019.03.14 2018노74
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the Defendant is older than the Defendant, and the hospital’s regular hospital treatment is required due to the crynac Arbitration around 2015, and the economic situation is also difficult.

In light of this, the punishment sentenced by the court below (three million won of fine) is too unreasonable.

2. The Defendant is relatively old, the Defendant is in a relatively old situation where he/she should receive regular medical treatment due to a compromise, and is not good in economic circumstances.

However, without any particular reason, the Defendant used assaulting the elderly victim, resulting in an unrefluent injury that leads to the escape of a baby, and did not pay medical expenses to the victim.

Although it has been punished before around 2001, it can be said that it has been punished for the same crime.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, motive and background of the offense, and circumstances after the offense, etc., the sentencing of the lower court cannot be deemed as being excessively unreasonable because it goes beyond the reasonable discretion.

The defendant's assertion of unfair sentencing is without merit.

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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