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(영문) 부산고등법원 2015.10.22 2015노297

중상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The sentence imposed by the court below (six years of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant with heavy physical and mental impulses, such as the frequency and result of the crime. The victim's family also experienced from mental and physical pain and economic difficulties due to the Defendant's criminal act; the victim's act of concealing the crime was conducted for about five months on the ground that the victim was familiar with the process of his/her duties; the victim was not able to do so; the victim was able to be aware of the victim due to excessive assault; the CCTV body and security company established at the scene to prevent the crime; the crime was committed; the victim was very serious in light of the frequency and consequence of the crime; the victim's crime was committed; the victim's family also experienced from considerable time due to the Defendant's criminal act; the victim was sent to a hospital for a considerable time after the destruction of evidence; the victim was not able to conceal the victim's first and the victim's mobile phone operation was made at the scene of the crime, and the victim was not able to detect the victim's first and the victim's mobile phone operation at the scene.

On the other hand, when the defendant was in the trial, he seems to have the attitude of recognizing all crimes and against his will. In the trial, the defendant's wife agreed with the victim's wife and agreed with the victim's wife.