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(영문) 부산지방법원 2017.12.14 2017노3576

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 500,000) is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case, the Defendant reflects the mistake while making a confession, the Defendant committed the crime of this case in a contingent manner that does not repay the money borrowed by the victim, and the extent of the assault of this case is minor.

However, the crime of this case is deemed to have been committed by the defendant by assaulting the victim, and in light of the contents of the crime, the liability for the crime is heavy, the defendant did not reach an agreement with the victim, and the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances for the defendant recognized earlier do not constitute a special change in circumstances that could change the sentence of the lower court after the pronouncement of the judgment by the lower court, and it does not seem to be unfair because the sentence against the defendant is too unreasonable, considering two circumstances that constitute the conditions of sentencing as shown in the argument of this case, such as the defendant's age, character, and environment

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.