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(영문) 청주지방법원 2017.09.15 2017노424
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (7 million won in penalty) is too unreasonable.

2. The following facts are the circumstances favorable to the defendant: (a) the defendant was found to have committed a crime when he was in the first instance; (b) the defendant was the first offender; (c) the defendant's husband refused to demand the victim to leave his residence; (d) the victim's excessive behavior leading to the dispute caused the defendant's crime; and (e) the victim's age, etc. seems to have been significantly different due to physical special characteristics, such as the victim's age, compared to the defendant's act.

On the other hand, the fact that the degree of injury suffered by the victim was serious, and that the defendant was raising only to lower the fine due to the difficulty of his own situation, and did not make all efforts to recover the damage, such as seeking a letter to the victim, etc., is disadvantageous to the defendant.

In addition, the sentencing of the lower court exceeded the reasonable bounds of discretion in light of the following circumstances, such as the Defendant’s age, sex, environment, family relationship, degree of damage, motive for the instant crime, means and consequence thereof, and the circumstances after the crime.

There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.

Therefore, the defendant's double punishment cannot be accepted.

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

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