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(영문) 부산지방법원 2017.05.25 2017노1145
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant recognized the crime of this case in the judgment of the court at the same time and reflected against the defendant.

However, even if the Defendant was sentenced to one year of imprisonment for a crime of fraud on March 2015 and completed the execution of the sentence on December 18, 2015, the Defendant committed the instant crime and constitutes a repeated crime. The instant crime is serious and the degree of injury was that the Defendant was aware of the need for four-day medical treatment with respect to the victim, by using the chair and arb, which is a dangerous object, and that the Defendant did not recover from damage. In full view of the following factors: (a) the Defendant had a total of 19 times criminal records, including the two-time criminal records of violence; and (b) other factors of sentencing, including the Defendant’s age, sexual behavior, environment, etc., the sentence imposed by the lower court is not excessive.

3. Accordingly, 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.

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