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(영문) 서울남부지방법원 2013.09.05 2013노1065
상해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (one million won of fine) imposed by the court below is too unreasonable.

Therefore, there are extenuating circumstances to consider the defendant, such as the fact that the defendant recognized his mistake as the crime of this case, the fact that the victim was not significantly injured, the defendant's age is not only the age of the defendant, but also the fact that the defendant was a wounded soldier discharged in Vietnam War.

However, in light of the fact that the Defendant committed the instant crime without being sentenced to a fine due to the same type of crime despite the fact that the Defendant had been sentenced to a fine, and even if the number of passengers aboard the bus did not exercise violence while they were being able to do so, it used a bus driver to assault him/her and inflict bodily injury on him/her. Accordingly, bus passengers also suffered damage due to the delay in bus operation, etc., and the lower court sentenced to a fine of KRW 1,500,000,000,000, which has been sentenced to a summary order by taking account of the circumstances favorable to the Defendant, as well as the fact that there was no special circumstance or change of circumstances that may be considered newly after the sentence of the lower judgment, and other various circumstances that form the conditions for the pleadings and the sentencing specified in the records of the instant case, such as the character, environment, motive, means and consequence of the crime, etc. of the Defendant and his/her defense counsel, even if considering all the circumstances asserted as the grounds for appeal, it cannot be deemed unreasonable.

Therefore, the defendant and his defense counsel's assertion is without merit.

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

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