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(영문) 부산지방법원 2014.05.01 2014노212

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 500,00,000 is too unreasonable.

2. The fact that it is necessary to consider equity with the case where the Defendant was convicted of 10 months of imprisonment with labor due to the crime of interference with business, etc. finalized on December 14, 2013, which became final and conclusive as of December 14, 2013, etc. is favorable to the Defendant.

However, the defendant has been punished for violent crimes more than 10 times. In the case of the crime of this case, since the crime of this case is committed by assaulting older women, the nature of the crime is not less than that of the elderly, and the risk of recidivism is very rough and is unlikely to be used by the victim. Nevertheless, the court below decided to reduce the fine amount of the summary order (one million won) by taking account of the above favorable circumstances, taking into account the above favorable circumstances, and there are no changes in circumstances that may be considered for sentencing, and in light of all other circumstances, such as the motive and circumstances leading up to the crime of this case, the defendant's age, character and behavior, and environment, the punishment imposed by the court below is not heavier.

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