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(영문) 부산지방법원 2017.02.09 2016노4795

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The four-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. The defendant's attitude to recognize and reflect the defendant's wrong, and the fact that the defendant does not want the punishment of the above victim under an agreement with the victim D by the investigative agency is favorable to the defendant.

However, despite the fact that the Defendant was punished more than ten times for violent crimes, such as having been sentenced to 10 years of imprisonment for the crime of bodily injury in 2002 and was sentenced to a fine three times for the crime of violence even after having been released from the above imprisonment, even after having completed the execution of the above imprisonment, the Defendant again was sentenced to the victim F with three weeks of caution at around August 19, 2016. On August 22, 2016, the Defendant suffered two weeks of injury to the victim D again on August 22, 2016. The method and degree of the assault inflicted by the Defendant, the method and degree of the assault committed by the Defendant, and the circumstances after the commission of the crime, such as the failure to take the victims even after the commission of the crime, are very heavy.

The decision is judged.

Considering the above circumstances and other circumstances such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment imposed by the court below is too heavy.

shall not be deemed to exist.

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.