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(영문) 부산지방법원 2014.09.05 2014노2340

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (three million won of a fine) imposed by the court below on the defendant is too unhued and unreasonable.

2. The crime of this case committed by the defendant with the head of the victim (the wife of the defendant) and causing bodily injury to the victim, such as the two strokes accompanied by severe strokes, which is very significant in light of the method of the crime and the degree of damage. The defendant has been punished for a crime of 8 times violence prior to the crime of this case, is disadvantageous to the defendant.

However, the defendant led to the confession of the crime of this case and reflects his mistake in depth, the victim immediately agreed with the defendant during the investigation process of this case, expressed his intention that he does not want to punish the defendant, and the crime of this case seems to have committed contingently under the influence of her size, and the defendant seems to have committed a crime of this case. The defendant's health is not good due to the fall of recognition function, such as the fall of memory after cerebrovascular, practical fishing certificate, execution certificate, disorder in execution function, and depression disorder. Although the defendant has been punished for violent crimes several times, it seems that the defendant has no history of punishment by exercising violence against the defendant's wife, it is deemed that there is no history of punishment by exercising violence against the defendant's wife, and other various circumstances, such as the means and form of the crime of this case, degree of damage, relationship between the defendant and the victim, the age of the defendant and the victim, character and behavior of the defendant, environment, family relationship, etc., the punishment imposed by the court below is too unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.