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(영문) 의정부지방법원 2016.06.28 2016노561
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession and reflect of the instant crime, and that the victim did not want the punishment of the Defendant.

B. However, the Defendant lost the ability to resist the face of the victim who was used on the floor or taken place on several occasions, etc. In light of the following circumstances, even if considering the favorable circumstances of the Defendant, such as the Defendant’s age, background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable, even if it is too unreasonable, in light of the following circumstances: (a) the Defendant was punished by assault or bodily injury in the past; and (b) the Defendant was in the course of the trial of this case, and (c) the Defendant committed an injury, such as being committed by assault or bodily injury in the past; and (d) the Defendant committed an injury by using violence to a woman even though the trial of this case was in progress; and (b) the Defendant’

Therefore, the defendant's above assertion is without merit.

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

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