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(영문) 서울북부지방법원 2015.07.16 2015노466
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (5 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. Although the judgment of the court below was made, the defendant's mistake was found to have reached the trial, and it seems that the defendant's daily life conditions were very difficult, and that the defendant's daily living conditions were raped with D's daily behavior I, etc., and the victim was forced to commit the crime of this case in a contingent manner. The court below deposited 5 million won for the victim. However, the defendant was sentenced to a fine for the same kind of crime as the crime of this case, and the defendant did not receive a letter from the victim due to agreement with the victim. The crime of this case was committed by the defendant. The defendant did not receive a letter. The defendant's face was 6 to 7 times because the defendant was fighting with D and the victim, and the victim's face was walking once to the victim's face, and thus, the defendant's age was extremely poor, and the defendant's occupation, motive, and circumstances were considered to require treatment of about 6 weeks before and after the crime of this case, and there were no other circumstances that the defendant committed the crime of this case.

3. As such, 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.

However, in the application of the law of the court below, Article 267 (1) of the Criminal Act "Article 257 (1) of the Criminal Act" refers to "Article 257 (1) of the Criminal Act", "K" of the third, third, fifth, and sixth of the court below's judgment, and "K" of the second and second of the judgment of the court below are each erroneous statements of "F". Thus, the correction is made ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.

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