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(영문) 부산지방법원 2017.02.09 2016노4865

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the defendant recognized a mistake and reflects against the judgment, the fact that the defendant appears to have committed the instant crime in a contingency under the influence of alcohol, and that the defendant has no record of criminal punishment exceeding a fine for not less than ten years.

However, the crime of this case was committed as a matter of calculating the level of driving and drinking, and without any particular reason, took into account the circumstances such as the following: (a) the victim’s desire to take care of the victim; (b) the victim’s head was calculated with an empty small-scale illness; and (c) the victim was led to taking care of the victim’s head; and (d) the victim’s head was led to being towed; (c) the risk of the crime of violence is extremely heavy under the applicable law; and (d) the degree of the victim’s injury was not less light; (c) there was no circumstance to take into account the circumstances and motive of the crime; (d) no agreement was reached with the victim; and (d) no measures were taken for recovering damage; and (e) the defendant was sentenced three times for violent crimes; and (e) there was a history of punishment on ten occasions, such as punishment imposed on the victim. It cannot be deemed that the nature of the crime of this case or the possibility of its criticism

Considering the above circumstances and the overall circumstances such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, attitude in the course of investigation, etc., the punishment sentenced by the lower court within the reasonable scope of discretion in sentencing.

The decision is judged.

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.