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(영문) 수원지방법원 2014.06.05 2013노6051
상해등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., 700,000 won) of the lower court’s sentencing is too unreasonable.

However, there are circumstances favorable to the defendant, such as the fact that the defendant agreed with the victim in the original trial and recognized the mistake and reflects it.

However, the crime of this case committed by the defendant purchased well at the convenience store in the oil station, and then assaulted the victim for about 14 days on the ground that the victim B (the 42-year-old person) was frighted by oil in the process of calculating the amount of oil, thereby causing injury requiring treatment for about 14 days. In the process of cutting off the cell phone of the victim of the defect to be reported to the police, it was damaged to the extent that the amount equivalent to KRW 120,910 is damaged at its repair cost. As such, it is not good that the crime is committed since the victim's cell phone was injured by the victim for a minor reason and damaged the victim's cell phone.

The accused may be sentenced to a fine two times for a violation of the Punishment of Violences, etc. Act.

The court below sentenced a sentence that has been mitigated than the fine (one million won) of the summary order, and it seems that the favorable circumstances of the defendant were considered.

In addition, considering all other circumstances that serve as the conditions for sentencing in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, the sentencing of the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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