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(영문) 서울동부지방법원 2018.06.22 2018노183
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 5 million) is too unreasonable.

2. According to the arguments and records of the instant case, the lower court appears to have been reasonably determined by fully considering the grounds for sentencing asserted by the Defendant, and there is no special circumstance to the extent that the sentencing will be changed ex post facto.

3. In conclusion, the Defendant’s appeal is without merit, and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act (see, e.g., Supreme Court en banc Decision 2009Da14444, Apr. 6, 2006). However, the Defendant’s appeal is clearly erroneous in office, “the fact that there is no past record of criminal punishment on the ground of the same kind of crime” under Article 364(4) of the Criminal Procedure Act, and thus, it is clear that the Defendant’

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