beta
(영문) 부산지방법원 2017.04.14 2017노124

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant shows the appearance of recognizing and reflecting his mistake, and each of the crimes of this case appears to have committed contingently during commission.

However, even though the Defendant was punished by imprisonment with prison labor due to the crime of injury, etc., and was in the period of repeated crime, the risk of his/her behavior may result in the occurrence of his/her behavior during a period of time that has not yet been familiar with, and the Defendant inflicted an injury on the victims two times or more of dangerous objects.

There is no recovery of victims' damage.

In addition, considering various sentencing conditions, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, the sentence of the court below cannot be deemed unfair because the sentence of the court below is too large.

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

3. The Defendant’s appeal is without merit, and thus, is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 25, Feb. 1, 2008; Supreme Court Decision 2006Da1554, Apr. 1, 200).