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(영문) 서울동부지방법원 2015.11.26 2015노620
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million imposed by the lower court on the Defendant is too unreasonable.

2. As to the grounds for appeal, there are extenuating circumstances such as the confession of all the crimes and the misunderstanding of errors, the agreement with the victim, and the economic difficulty.

However, the defendant has been punished several times for the same or a similar crime as this case, and the judgment imposed three years of suspension of execution on December 28, 2013 due to special obstruction of performance of official duties became final and conclusive, which committed the crime of this case during the period of suspension of execution, and without any particular reason, committed the crime of this case during the period of suspension of execution. The crime of this case is poor, such as where the victim who has returned to a long time for about five hours or confinements him/her for about five hours, and the victim's physical suffering and mental impulse seems to have been serious. In addition, examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the victim's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the judgment of the court below against the defendant is appropriate, and it is not unreasonable to deem that the judgment of the court below is unfair.

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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