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(영문) 서울중앙지방법원 2013.11.28 2013노3190
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months, 2 years of suspended sentence, 3 years of probation) of the lower court is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant recognized his mistake and reflects his depth in the determination of the grounds for appeal, and agreed with the victim who was the wife in the trial, and the victim wanted to have the wife against the defendant.

However, on the other hand, it cannot be deemed that the degree of violence used by the defendant cannot be deemed to be somewhat weak, the defendant used violence at home, and the defendant committed the crime of this case at any time even after being subject to family protective disposition or criminal punishment several times, and the court below seems to have sentenced to suspended execution, taking into account the circumstances that the victim did not want punishment against the defendant, and other circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions for the argument and the sentencing specified in the record of this case, even if considering all the circumstances asserted by the defendant as grounds for appeal, it is not recognized that the court below's punishment should be reversed, and thus, the defendant's assertion is not acceptable.

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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