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(영문) 서울동부지방법원 2015.12.04 2015노1132
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Unless misunderstanding of facts or misunderstanding of legal principles assaulted the victim, the victim was assaulted by the victim.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (1.5 million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, including the statement of the court below in the court below claiming mistake of facts or misapprehension of legal principles, the defendant can sufficiently recognize the fact that the defendant committed an injury to the victim by putting the victim's face at the taxi several times due to the problem of the victim's and the taxi fee, and by drawing the victim in the taxi beyond the floor. There is no room to regard the defendant's act as a legitimate act that does not violate the law and method of the crime, the degree of damage, and the circumstances at the time of the crime.

B. Although it is not deemed that the extent of damage on the grounds of unfair sentencing is not excessive, in full view of the following: (a) the Defendant applied for formal trial after having been issued a summary order of a fine of KRW 2 million due to the instant crime; (b) the Defendant reduced part of the fine amount by the lower court; (c) the Defendant has a criminal record of having been sentenced once a fine of KRW 4 times as an violent crime; (d) the Defendant did not receive a letter from the victim; (e) the Defendant did not present any circumstances for changing the sentence of the lower court in the trial; and (e) other various circumstances that are conditions for sentencing, including the Defendant’s age, occupation

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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