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(영문) 서울중앙지방법원 2014.12.04 2014노3481
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of fine) is too unreasonable.

2. It is recognized that the Defendant appears to have the attitude of recognizing and opposing all of the instant crimes, and that the Defendant committed the instant crime by drinking and contingently, and that the Defendant agreed with the victim in the trial process at the lower court.

However, even though it is necessary to strictly punish the defendant in excess of 10 times in previous cases (including previous cases of the three-time suspension of the execution of imprisonment), the court below seems to have imposed the fine in consideration of the above various circumstances and the fact that the defendant is waiting for employment as a public official in technical service. In full view of the circumstances that make it possible to change the sentence of the court below in favor of the defendant, the sentencing in similar cases, the defendant's age, character and conduct, environment, and the means and consequence of the instant crime, etc., the sentence imposed by the court below is too unreasonable, and therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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