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(영문) 서울서부지방법원 2015.06.25 2014노1359
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized the crime and reflects the fact that the defendant's health is not good, and there is no particular criminal record after 2009.

However, it cannot be said that the criminal liability or the degree of damage cannot be deemed that the defendant commits a crime by assaulting two victims and injuring them, and that the defendant has criminal records, including the suspension of the execution of imprisonment with labor for the same kind of violent crime, and that the defendant has reached an agreement with the victims or has failed to recover from damage is disadvantageous to the defendant.

In addition, considering the motive and circumstances of the crime, the means and consequence thereof, the circumstances after the crime, the defendant's age, career, character and conduct, environment, etc., as well as various sentencing conditions shown in the records and arguments, the sentence of the court below cannot be deemed unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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