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(영문) 부산지방법원 2017.11.30 2017노2435
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant sought the wife on the ground that the health is not good, and that it is economically difficult, but it cannot be deemed a new change in circumstances that could change the sentence of the lower court.

When comprehensively considering the developments leading up to the occurrence of the instant crime, the extent of the assault committed by the Defendant and the victim, the equity with the punishment of the victim, and the sentencing conditions, such as the Defendant’s age, sexual behavior, environment, etc. as shown in the lower court and the arguments at the trial, the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too unreasonable.

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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