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(영문) 부산고등법원 2013.05.30 2013노190
중상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are circumstances favorable to the Defendant, such as the fact that the Defendant voluntarily attended the police after reporting to 119 after the instant crime, and the fact that the Defendant voluntarily accepted the mistake after the instant crime, and that the victim agreed with the victim.

However, the crime of this case was committed by assaulting the victim, such as taking the head of the victim who takes a part in the toilet floor by drinking for the reason that the defendant was a victim, thereby causing injury to the victim, thereby causing danger to the life of the victim. Therefore, in light of the result of the crime, etc., the crime is serious; the defendant was sentenced on August 8, 201 by the Busan District Court for the violation of the Punishment of Violence, etc. Act (joint injury) at the Busan District Court on March 3, 2012 and was sentenced for eight months in prison on March 3, 2012, and went out to the crime of this case without being aware of the fact that the execution of the punishment was completed and went out of the period of repeated offense, and taking full account of various sentencing conditions as indicated in the argument of this case, such as the defendant's age, character and conduct, environment, etc., it is not recognized that the sentence imposed by the court below against

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

3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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