logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.15 2015노4852
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court (six months of imprisonment) is too unreasonable in light of the defendant's reflectivity, failure to punish part of the defendant and efforts to recover damage, etc.

2. The judgment below is recognized that there are extenuating circumstances, such as the fact that the defendant divided his mistake, the fact that there was an agreement with the victim of property damage, the circumstance and motive of the crime of this case, etc. Meanwhile, the crime of this case is inferior to the quality of the crime, including the fact that the defendant committed the crime of this case as if he was another person to conceal his own crime during the period of suspension of execution, and that there was no agreement with the victim of the injury, and that the defendant committed the crime of this case again at a different time even though he had been punished by suspended execution and fine for the same violent crime, the defendant committed the crime of this case at a different time, such as age, sex, family relation, environment, means and consequence of the crime, and the circumstances after the crime, etc., even if considering all circumstances claimed by the defendant, the sentence against the defendant of the first instance is reasonable, and therefore, the defendant's assertion is without merit.

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

arrow