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(영문) 부산지방법원 2018.02.09 2017노4660
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized and reflected the wrong, agreed with the victims, and that the defendant suffers from diseases, such as depression and sulfur disorder, etc.

However, the defendant is subject to criminal punishment several times, including punishment for the same crime, and in particular, during the period of repeated crime (the defendant was punished with a fine for a similar crime committed during the period of repeated crime). It seems necessary to isolate the defendant from society for a certain period of time.

In addition, considering all the circumstances that are conditions for sentencing prescribed in Article 51 of the Criminal Act, such as balance of both punishments in the same kind of case, the age, sex, environment, motive and circumstance of the crime, etc., it is difficult to view that the sentence imposed by the court below is too unreasonable because it is too unreasonable.

Therefore, the defendant's argument of sentencing cannot be accepted.

3. In conclusion, 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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