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(영문) 부산지방법원 2017.05.23 2017노701

상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (4 million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful arguments of sentencing by the defendant and the prosecutor, it is recognized that the defendant has been sentenced to a fine over ten hundred times, the defendant has been subject to suspended execution, and the same kind of violent crime has been punished several times, and that the defendant did not agree with the victim.

However, considering all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court is deemed appropriate, and is too heavy, or is too unreasonable, because it is too unreasonable, in light of the following: (a) the Defendant’s confession of the crime, and the degree and degree of the injury are not heavy; and (b) the Defendant’s motive, means and consequence of the instant crime; and (c) the motive, means and consequence of the instant crime;

Therefore, each argument by the defendant and the prosecutor is without merit.

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