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(영문) 부산지방법원 2017.07.14 2017노1124

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) is too unreasonable that the sentence imposed by the lower court (ten months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, 40 hours of an order to attend a lecture for violent treatment, 40 hours of an order to attend a lecture for psychological treatment, 40 hours of community service, 400 hours of community service) is too unreasonable

2. The fact that the judgment defendant recognized the crime and that there was an agreement with the victims is favorable to the defendant.

However, the crime of this case is likely to be unfair by taking into account the following circumstances: (a) the victim D made a statement unfavorable to the defendant in the criminal case; (b) the victim D and his mother used violence against the victim F; (c) the victim’s physical and mental suffering seems to have considerably high; (d) the victim’s physical and mental suffering appears to have been subject to criminal punishment twice for the same crime; and (e) the defendant’s age, sex behavior, environment, family relationship, and circumstances after the crime are attached to the sentencing of this case, even though considering the fact that the defendant is a student, it is difficult to view that the sentence imposed by the court below is too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

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. It is so decided as per Disposition.