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(영문) 서울동부지방법원 2015.04.10 2015노238
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. In light of the following facts: (a) the Defendant was assaulted by the victim on November 18 of the same year; (b) the Defendant agreed that the Defendant was the only victim; (c) the Defendant’s act and the victim’s degree of damage cannot be deemed to be less than that of the victim; (d) the Defendant was punished by imprisonment, suspension of execution, and fines on seven occasions for violent crimes; and in particular, on November 10, 2010, the Defendant was sentenced to suspension of execution of one year and eight months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a collective injury, etc.) in the Seocheon Branch of the Gwangju District Court on November 18, 2010, and the judgment became final and conclusive on November 18 of the same year; and (e) the instant crime was committed during the period of suspension

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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