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(영문) 부산고등법원 2016.06.22 2016노244

인질상해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence (three years of imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the Prosecutor is too unhued and unreasonable.

2. The judgment of the court below has a favorable condition to the defendant, such as the confession of the crime of this case and the injury of the victim of the bodily injury of this case, the degree of injury to the victim is relatively not severe, and the defendant has no criminal record of probation or more. However, the crime of this case is committed by entering the office of the National Assembly local constituency for the National Assembly member to achieve the subjective purpose of the defendant called the urging to prevent bullying representative, and causing bodily injury. In light of the motive and circumstance of the crime, etc., the crime of this case is very poor and heavy, and the crime of this case is committed planned by preparing tools to commit the crime of this case, such as knife, rab, credit, tape, etc., the defendant tried to leave in the office in which he exists, and it seems that the victim was found to have been subject to considerable mental shock due to the crime of bodily injury of this case, and even if the defendant has still been in the court below, it does not seem that the court below sentenced the sentencing guidelines of this case and its discretionary power, etc.

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

참조조문