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(영문) 부산지방법원 2016.12.22 2016노3051
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the Defendant asserts that the Defendant is too unfasible to a fine of three million won (a fine of three million won) and that the prosecutor is too unfased and unreasonable.

2. The Defendant committed the instant crime even though he/she had been already punished six times for violence-related crimes, and the fact that the Defendant did not yet agree with the victim is disadvantageous to the Defendant.

However, considering the Defendant’s confession of the instant crime and the circumstances leading to the instant crime, there are some circumstances that may be considered in light of the background leading to the instant crime, the degree of injury suffered by the victim is relatively minor, and there is no change of circumstances that may be considered in the sentencing in the trial compared to the lower court, and other various sentencing conditions such as the Defendant’s age, character and behavior, environment, background leading to the instant crime, means and method of the instant crime, and the circumstances after the instant crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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