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(영문) 부산지방법원 2018.09.19 2018노2705
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (one million won per punishment) of the lower court.

2. The judgment defendant led to the confession of the crime of this case, and the injured party does not want the punishment of the defendant by agreement with the injured party.

However, even though the defendant had been punished for the same kind of crime several times, he again committed the crime of this case.

In light of the background and result of the assault inflicted on the victim, the accused's liability is not less complicated.

In addition, the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, in full view of the following: (a) the Defendant’s age character and character environment; (b) the motive and means of commission of the crime; and (c) the circumstances after the crime.

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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