(영문) 부산지방법원 2015.04.30 2015노479



The defendant's appeal is dismissed.


1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. The judgment of the defendant is a favorable circumstance for the defendant, and the defendant has been abandoned the excreta in front of his house at all times, and the fact that the excreta resulted in the crime of this case by accident is favorable to the defendant.

However, in light of the following factors: (a) the Defendant committed assault against a victim unrelated to the aforementioned circumstances where the excreta was abandoned; (b) the Defendant did not reach an agreement with, or failed to go to, the victim; (c) the Defendant had the same kind of force three times; and (d) the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim; (c) the motive, means and consequence of the instant crime; and (d) the circumstances after the commission of the crime, etc., the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. 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.