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(영문) 서울북부지방법원 2019.06.07 2019노481
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the court below is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial, and the lower court did not appear to have exceeded the reasonable scope of discretion because the lower court’s sentencing is too too unreasonable even when comprehensively considering the factors revealed in the arguments in the instant case, including various circumstances considered in sentencing.

In addition to the fact that the degree of injury suffered by the victim is not less severe, and that the damage suffered by the victim's failure to engage in his/her occupation seems to be considerable, but the defendant was not able to recover from damage, and the victim's desire to be punished by the defendant.

Therefore, the defendant's assertion is without merit.

3. As such, 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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