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(영문) 서울동부지방법원 2014.10.16 2014노851
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is largely divided into the two parts: the Defendant made an effort to compensate the victim for damage, such as hospital expenses, etc., and the victim failed to reach an agreement by failing to contact with the victim; however, the Defendant has no record of crime except for the Defendant who was sentenced to a fine several times. The sentence imposed by the lower court is too unreasonable (eight months of imprisonment).

2. The circumstances favorable to sentencing are as follows: (a) the Defendant recognized the instant crime; (b) deposited KRW 15 million for the recovery of damage in the course of the trial; or (c) the fact that there was no past record of the suspended execution or higher for the recovery of damage in the course of the trial.

However, as stated by the court below, the injury suffered by the victim is very serious, and the damage suffered by the victim's family members seems to be high, and the agreement with the victim has been reached or the victim cannot be deemed to have properly contributed to the victim (the above deposit money cannot be seen as pure criminal agreement amount) up to the trial, and in addition to the amount deposited as above, damage recovery has not been realized, and in full view of the defendant's age, character and behavior, environment, motive and means of the crime, result, circumstances after the crime, etc., it cannot be determined that the punishment imposed by the court below is too unreasonable.

Defendant’s assertion is without merit.

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 by the defendant is groundless. It is so decided as per Disposition

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