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(영문) 서울중앙지방법원 2013.09.12 2013노1881
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) imposed by the lower court is too unreasonable.

2. There are circumstances that may be considered in light of the circumstances of this case, such as the fact that the victim’s refusal to repay debts, unlike the initial promise, would have exercised violence first against the defendant who followed such refusal, and the defendant would also have exercised violence against the victim.

However, the degree of violence used by the defendant cannot be deemed to be less than that of the victim; the defendant has been punished for the same kind of crime even prior to the instant case; the court below seems to have determined the punishment by reducing a fine of KRW 1.5 million by taking account of the above favorable circumstances for the defendant; the court below's new circumstances or changes in circumstances that may be considered in sentencing after the decision of the court below is rendered; and other circumstances that form the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character, character, environment, motive, means and consequence of the crime; and the following circumstances, such as the defendant's age, character, environment, motive, means and consequence of the crime, etc., are considered, even if considering all the circumstances asserted by the defendant as reasons for appeal, it is not recognized to be unreasonable as being beyond

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

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