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(영문) 부산지방법원 2018.10.12 2018노2863
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months) is too heavy.

2. In full view of the following circumstances: (a) the lower court’s judgment exceeded the reasonable bounds of discretion when comprehensively taking into account the following factors: (b) the Defendant’s age, character and intelligence environment; (c) motive and means of crime; and (d) the circumstances after committing the crime, including the circumstances unfavorable to the Defendant (the fact that the Defendant was punished for violent crimes and the probation period for the same crime was committed again during the period of suspension of execution) and favorable circumstances (such as agreed with the victim).

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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