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(영문) 서울남부지방법원 2016.09.29 2016노1158
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is to recognize and reflect his mistake.

The defendant lives faithfully within a prison life and is attending a meeting.

The mother of the defendant is aged and the person with a disability is virtually responsible for the living of the defendant.

The defendant is taking care of alcohol addiction after being released from the military court and is able to live faithfully.

In full view of these circumstances, the punishment sentenced by the court below (one year and two months) is too unreasonable.

2. Examining the Defendant’s age, sex, career, family relation, environment, motive, means and consequence, circumstances after committing the instant crime, and the reasons for sentencing of the lower judgment in light of various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances asserted by the Defendant on the grounds of appeal.

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

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