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(영문) 부산지방법원 2016.07.07 2016노795

상해등

Text

Defendant

All appeals against the defendant A and the prosecutor B are dismissed.

Reasons

1. Defendant A asserts that the sentence of 1 year and 6 months of imprisonment sentenced by the court below is too unreasonable, and the prosecutor asserts that the sentence of 2 million won of the fine sentenced by the court below is too unfeasible and unfair, because the sentence of 2 million won of the fine sentenced by Defendant B is too unfasible.

2. We also examine the unfair sentencing cases against Defendant A and the Prosecutor B.

Defendant

A, like the instant crime on August 30, 2014, committed a violation of the Punishment of Violences, etc. (Joint Bodily Injury) with the content that he/she inflicted an injury on the other party to a failed fighting at the street expense, and sentenced a fine of KRW 2 million in December 2013, and sentenced a two-year suspended sentence in June 2014, even though he/she was sentenced to a two-year suspended sentence, on August 30, 2014, he/she was under the suspended sentence, at the price twice the head of the victim L with two favorable diseases, etc. In addition, on April 11, 2015, he/she did not appear to have been subject to an agreement of KRW 5 weeks in consideration of the degree of injury inflicted on the victim, such as the victim's face face, and the victim B was not subject to a new sentence on August 30, 2014, excluding the other party's face, and thus, it cannot be considered that he/she had engaged in the crime of this case.

On the other hand, the crime committed on August 30, 2014 of the instant case was committed by the Defendants, who were only 20 years of age at the time of the crime, was under the influence of alcohol with their young people, and it seems that it was impossible for them to expect that they would inflict an injury by using Defendant A’s glass bottle, and that they were victims.