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(영문) 부산지방법원 2019.06.27 2019노1173
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the circumstances leading up to the Defendant’s crime and the specific form of the crime, the lower court determined punishment in consideration of the following: (a) the degree of the crime is inferior and highly dangerous; (b) the Defendant committed the instant crime during the period of repeated offense; and (c) the Defendant committed the instant crime during the period of repeated offense; and (d) there is no change of circumstances or

Considering the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, etc. as revealed in the oral arguments at the lower court and the party hearing, the sentence imposed by the lower court is not hot, as it takes place within the reasonable scope of discretion.

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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