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(영문) 부산지방법원 2016.02.17 2015노3497
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant made confession of the instant crime and reflects his mistake when the Defendant was in a serious mind, and that he suffered economic difficulties as a recipient of basic living security and appears to be not good health, are recognized.

However, the crime of this case is deemed to have inflicted an injury on the victim for about 14 days, and the nature of the crime is poor in light of the method and content of the crime, and the defendant is deemed to have been sentenced one time to suspend the execution of the same crime, seven times criminal punishment by fine, and it seems that the agreement with the victim or the recovery of damage has not been properly achieved up to now, and other various sentencing conditions as shown in the argument of this case, including equity in sentencing with the same and similar incidents, the age of the defendant, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., are considered, and thus, it is not recognized that the sentence imposed by the court below is too unfair.

Therefore, we cannot accept the defendant's above assertion.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, it is corrected that “the pertinent Article of the Criminal Procedure Act” of the second half of the judgment of the court below is “the pertinent Article of the Act and the choice of punishment”.

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