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(영문) 서울남부지방법원 2013.12.26 2013노1748
상해등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (1.5 million won of fine) imposed by the court below is too unreasonable.

Therefore, it is true that there are circumstances to consider part of the defendant, such as the fact that the defendant agreed smoothly with the victim, the fact that the defendant has no power to commit the crime.

However, regardless of its circumstances, the Defendant’s act of assaulting the victim, who is his wife, thereby causing injury, such as high-frequency, and destroying the victim’s mobile phone, is not good for the crime of this case. Nevertheless, the Defendant does not seem to have been divided by his own fault. Nevertheless, considering the circumstances favorable to the Defendant, the lower court sentenced a fine of KRW 1.5 million for a fine of KRW 3 million, which has been greatly reduced under the summary order by taking into account the circumstances in which the Defendant had already been favorable to the Defendant. There are no special circumstances or changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment. In full view of all other circumstances, the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the sentencing conditions specified in the arguments and the records of this case, even if all of the circumstances alleged by the Defendant as the grounds for appeal are considered, it is not recognized that the Defendant’s punishment that the Defendant

Therefore, the defendant'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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