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(영문) 서울중앙지방법원 2018.07.06 2018노982
상해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (one million won penalty) is too unreasonable.

Judgment

Although a criminal conciliation was established to pay 1.3 million won to the victim on November 21, 2017, which was prior to prosecution, on the entire confession of a crime, the defendant paid the above 1.3 million won prior to the pronouncement of the lower judgment (Evidence No. 1. 139, the trial record No. 23). However, even though the lower court agreed to pay the above 1.3 million won on November 21, 2017, the date criminal conciliation was established, it did not pay only 80,000 won (the 24th page of the trial record) (Evidence No. 140 pages of the trial record), and the remaining amount was not paid (Evidence No. 140, Mar. 21, 2018, which was prior to the lower court’s determination of the lower court). The lower court’s allegation that the Defendant had already received a summary order of KRW 2,000,000,000 for the same kind of crime after the Defendant’s exercise of punishment.

Therefore, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (The "victim's appeal" under Article 364 (4) of the Criminal Procedure Act is clear that it is a clerical error of "victim", and thus, it is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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