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(영문) 부산지방법원 2014.11.28 2014노3147

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of a fine of KRW 500,000 imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the circumstances such as the recognition of the Defendant’s crime of this case is against the nature of the Defendant, the economic difficulty seems to exist, and there is no record of criminal punishment since 2003.

However, the crime of this case was committed by the defendant on the ground that the victim did not have a brush against his ship. Furthermore, when considering the motive, method, and degree of assault, etc. of the crime that the defendant was faced with a brut disease, and the head of the brut with six times or more, the case was not easy in light of the motive, method, and the degree of assault, etc. of the crime, and the victim did not agree with the victim so that the victim might be punished strictly. Although the defendant had no past record of criminal punishment except twice a fine, the above fines were all the crimes of the same kind as the crime of this case. However, the court below imposed a fine more reduced than the summary order in consideration of the above circumstances favorable to the defendant. Nevertheless, the court below was sentenced to a fine more reduced than the summary order in light of the above circumstances, and there was no change of situation at the time of the trial, and other various circumstances such as the defendant's age, environment, occupation, family relationship, the circumstances leading to the crime of this case and the circumstances before and after the crime, it cannot be deemed unfair.

Therefore, the defendant's assertion is without merit.

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