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(영문) 부산지방법원 2018.11.15 2018노3488

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (10 months of imprisonment and confiscation) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Taking into account the circumstances favorable or unfavorable to the Defendant as stated in a detailed statement by the lower court, such as the Defendant’s age, sex, environment, family relationship, motive for the crime, method and consequence of the crime, etc., even if considering the circumstances that the Defendant led to the confession of all the facts charged in the instant case in the first instance court, it cannot be said that the sentence imposed by the lower court is unfair as it is too unreasonable compared to the extent of the Defendant’s act and responsibility.

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

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