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(영문) 서울중앙지방법원 2015.06.12 2015노1662
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant guilty only for the crime of "the crime of inflicting bodily injury upon the victim by taking the head of the victim's head" in relation to the facts charged against the defendant, and found the "the crime of inflicting bodily injury on the victim" in the crime of bodily injury not guilty for the reasons of the judgment.

As to this, the defendant appealed against the guilty part, and the prosecutor did not appeal against the injury which was pronounced not guilty.

Therefore, the scope of this Court's trial against the defendant is limited to the remainder except the portion of innocence as to the injury, and the portion of innocence as to the injury was judged in the trial, but it was exempted from the object of public defense among the parties, so this part shall be determined in accordance with the conclusion of the judgment of the court below, and

2. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

3. In full view of the factors of sentencing favorable to the Defendant, including the fact that the Defendant committed the instant crime, the degree of damage caused by the instant crime is relatively minor, and the Defendant also suffered an injury to the right side of abandonment due to the victim’s assault, etc., the lower court’s punishment is not deemed to be adequate and too unreasonable, since it is not recognized that the Defendant’s argument is unreasonable, in view of the following: (a) comprehensively taking account of the factors of sentencing; (b) the circumstances behind the instant crime; (c) circumstances after the crime; (d) the victim’s relationship with the victim; and (e)

4. 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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