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(영문) 서울서부지방법원 2014.10.17 2014노1094
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The major point of the grounds for appeal is that the sentence of the court below is too heavy;

2. The judgment of the court below is the circumstances favorable to the defendant, such as the fact that the defendant led to a serious reflection in the course of committing the crime, the payment of the agreed money at the court below, the victim wanting to take the front line of the defendant again in the trial, the degree of injury of the victim is not much serious, the defendant is an contingent crime, and there is a dependent.

However, in full view of the following factors: (a) the Defendant inflicted bodily injury on an elderly victim by taking advantage of the victim’s face without any special reason; (b) the Defendant has the same kind of force including the sentence imposed on the Defendant; and (c) the Defendant is a repeated offender of the same kind; (d) there is no change in circumstances that may be particularly considered in the trial; and (e) there is no change in circumstances that are indicated in the argument in the instant case,

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

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