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(영문) 부산지방법원 2016.02.18 2015노4185

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12 million won.

A fine shall not be paid by the defendant.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too large and unfair.

2. Determination of the degree of damage caused by each of the instant crimes is not somewhat weak, and in particular, the degree of injury caused by the victim E is considerably significant, and the Defendant committed an injury to the victim E on April 17, 2015, despite the fact that the Defendant had been sentenced to a suspended sentence on April 17, 2015, but committed the crime of injury to the victim E after one month, and the Defendant committed the crime of injury to the victim G when he/she was indicted and is under a trial due to its non-detained, and the Defendant committed the crime of injury to the victim when he/she was under trial. The Defendant’s repeated crime

However, there is a possibility to improve the wrong drinking habits of the defendant in the future, such as the fact that the defendant fully recognized each of the crimes in this case, appears to have committed contingent crimes, agreed with the victim G at the investigation stage, that the court agreed with the victim E in the trial, that his family members including the defendant's 's 's 's 's 's 's 's 's 's 's 's 's 's ''s 's 's 's 's 's 's 's 's 's 's 's 's 's 's '

If the sentence of the court below is finalized, considering that the suspended sentence previously imposed by the defendant is invalidated and the punishment should be additionally imposed, it is desirable to resolve the problem by the defendant's own in the family, including the family, rather than the edification through long-term prison life.

In addition, considering the motive and background of each of the instant crimes, the circumstances after the commission of the crimes, the age of the Defendant, sexual conduct, environment, and family relationship, the sentencing conditions as shown in the instant records and the previous theories, the Defendant shall be sentenced to the punishment.