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(영문) 부산지방법원 2014.04.17 2013노3195

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. In light of the circumstances that are favorable to the defendant, the victim's face at the investigation stage is not significant and the agreement has been sexually formed at the investigation stage. However, considering the circumstances leading up to the crime of this case, the defendant's appearance twice or prices for the minor reason, and thus, the risk of recidivism is likely to occur in light of the previous records of punishment seven times or more. Above all, the prosecutor prosecuted a summary charge of a fine of 2 million won by taking into account the favorable circumstances as above, taking into account the above favorable circumstances, and the court below has reduced the fine more than the summary order. Nevertheless, the court below did not have any change in circumstances that may be specifically considered in sentencing after the sentence of this case, and considering the motive and circumstance of the crime of this case, the defendant's age, character and behavior, and the environment, etc., the sentencing of the court below is proper.

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