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(영문) 부산고등법원 (창원) 2013.05.24 2013노107
중상해
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the reasons for appeal (one year and six months of imprisonment) shall be too unreasonable;

2. Recognizing the instant crime, there are favorable factors for sentencing, such as the fact that the Defendant recognized the instant crime as well as the fact that the Defendant suffers from the scambiosis, the fact that he suffers from the scam of the scam of the Defendant, and that the victim has caused the instant crime by contingency.

However, due to the crime of this case, it is also recognized that there are unfavorable factors for sentencing, such as the fact that the victim has a high mental suffering due to the name of the right side and the damage of the victim has not been taken any particular measures for compensation.

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the sentence sentenced by the first instance court is deemed appropriate, and is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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