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(영문) 부산지방법원 2018.01.12 2017노3301
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to eight million won) is too unreasonable.

2. There are some circumstances that may be considered in light of the circumstances favorable to the defendant, such as the fact that the defendant recognized all crimes from the investigative agency, the victim expressed his/her intention to achieve the family together with the defendant and his/her intention not to punish him/her.

However, the defendant was punished for more than 20 times by including eight imprisonment for violent crimes, and was repeatedly injured by the victim who is a female living together even during the period of the same repeated crime.

The degree of injury does not seem to be somewhat weak.

It is difficult to find out a serious reflect on the Defendant’s violent inclination, which stated in the court of the first instance that “the case is the initial violence of both parties, and if so agreed with the victim, the victim should not be subject to a fine.”

In addition, considering various circumstances that are the conditions for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, relationship with the victim, and background of the crime, the lower court’s sentence is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. The Defendant’s appeal is without merit, and thus, is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2009Da3649, Apr. 2, 2005).

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