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(영문) 의정부지방법원 2014.10.01 2014노506
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (700,000 won of fine) is too unreasonable.

2. According to the diagnosis submitted as evidence, the Defendant is the primary offender, the confession of the instant crime and reflects his mistake, and the victim suffered several injuries on the right side, etc. requiring treatment for about three weeks. However, the diagnosis is acknowledged as follows: (a) it appears that the aforementioned diagnosis includes not only the injury of the Defendant’s assault but also the injury caused by traffic accidents that the victim gets on and off a taxi driving after the instant crime; and (b) it appears that the injury level and degree suffered by the victim are relatively insignificant due to the instant crime.

However, considering all sentencing conditions in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, etc., the sentence imposed by the court below on the defendant cannot be deemed to be unfair because it is too inappropriate and too unreasonable, and the above argument by the defendant is without merit.

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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