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(영문) 부산지방법원 2016.05.27 2016노51
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of 10 months, the suspension of execution of 2 years and the community service order of 80 hours) is too unreasonable.

2. The fact that the defendant appears to reflect his mistake, and the fact that the defendant deposited 8 million won for the victim, etc. is recognized as favorable to the defendant.

However, in full view of the facts that the crime of this case was committed by the Defendant by assaulting the victim and causing injury to the victim, the extent of the injury suffered by the victim is not weak, that the Defendant did not agree with the victim, that there was no special circumstance or change of circumstances that may be newly considered in the sentencing after the decision of the lower court, and that there were other various sentencing conditions that are shown in the records and arguments, such as the Defendant’s age, character and character environment, and circumstances before and after the crime,

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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