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(영문) 서울남부지방법원 2016.09.29 2016노1274
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant, under the influence of alcohol, led to a contingent crime of this case; (b) the Defendant scam and lives in good faith in the future by decipating his mistake; (c) the Defendant continues to endeavor to reach an agreement with the injured party and the injured party; and (d) the Defendant’s health status is not good. In light of the fact that the Defendant’s punishment (eight months) sentenced by the lower court is too unreasonable.

2. In light of the fact that the Defendant committed the instant crime during the period of repeated crime, even though he had been punished several times for the same crime, and that no damage recovery measure has been taken until the conviction of the Defendant, and other circumstances favorable to or unfavorable to the Defendant, the Defendant’s age, sex, environment, motive, means and consequence of the crime, and all the sentencing circumstances of the Defendant, including the record and arguments, including criminal history, and the reasons for sentencing of the lower judgment, the lower court’s punishment is too unreasonable even if considering the various circumstances asserted by the Defendant on the grounds of appeal.

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

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