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(영문) 부산지방법원 2015.04.30 2015노447
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below that only the defendant was punished despite the victim of the grounds for appeal was also the defendant, is erroneous in the misapprehension of legal principles, and the court below's punishment (1.5 million won of fine) is too unreasonable.

2. Determination

A. Determination as to whether a defendant's criminal liability exists shall be made regardless of whether the victim was punished, and the defendant's criminal liability cannot be deemed exempted on the ground that the victim was not punished. Therefore, the defendant's assertion of misapprehension of legal principles is without merit.

B. The circumstances favorable to the defendant are that the defendant is the primary offender, and that the defendant raises the children of elementary school students on his/her own position while on his/her own.

However, there is no agreement with the victim or no recovery from damage until the trial at the trial at the court, and the court below seems to have determined the above punishment by reducing a fine of 2 million won to the defendant by taking full account of the circumstances favorable to the defendant, and considering that there is no change of circumstances that may vary between the court below and the punishment at the trial at the trial at the court below, and considering various factors that are conditions for sentencing, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime of this case, and the circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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