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(영문) 서울서부지방법원 2015.02.06 2014노1561
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s imprisonment (one year and six months).

2. Determination factors are sentencing factors favorable to the defendant, such as the fact that the defendant recognized each of the crimes of this case as a result of a trial, against the fact that the amount of damage caused by the theft of this case and the fraud is not very significant, and the victim F does not want punishment against the defendant.

However, in full view of the factors of sentencing disadvantageous to the defendant and other factors of sentencing indicated in the records of this case, the sentence of the court below against the defendant is appropriate, in light of the following: (a) the defendant's injury to the victim F was committed in the form of acting marb, and the nature of the crime is inferior; (b) the injury suffered by the victim F is not less severe; and (c) the defendant has already been punished several times due to the same kind

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

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the judgment of the court below shall be corrected on the ground that the list of crimes attached to this judgment is added to the end of the judgment of the court below, and that "the present presence of subparagraphs 1 through 3 of 1. evidence" in the summary of the evidence shall be corrected to "each present presence of subparagraphs 1 through 3 of 1. evidence" among the summary of the evidence.

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