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(영문) 대전지방법원 2015.05.20 2014노3361
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (1.5 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The circumstances are favorable to the defendant, such as the following: (a) the defendant was fully aware of the crime of this case and was committed in depth; (b) the victim did not wish to punish the defendant; and (c) the defendant did not have any record of punishment for the same crime.

On the other hand, the crime of this case is committed by unilaterally assaulting a victim on the ground that the victim is a bad thing, and the nature of the crime is not good in light of the circumstances leading to the crime, etc., and the injury suffered by the defendant is not deemed minor due to his assault, etc., which is unfavorable to the defendant.

In full view of the above circumstances and other circumstances, such as the circumstances after the instant crime, age, character and conduct, family relationship, environment, occupation, etc., which are conditions for sentencing as shown in the records and pleadings, there is no change of circumstances that can determine the sentence different from the original judgment, the sentence imposed by the lower court cannot be deemed unfair since the sentence imposed by the Defendant is unlimited. Thus, the Defendant’

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

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