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(영문) 부산지방법원 2014.05.15 2014노771
상해등
Text

The defendant's appeal is dismissed.

1. Discretionary mitigation: Articles 53 and 55 of the Criminal Act.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant is that the defendant repents his mistake and reflects it, the crime against the victim F appears to have resulted in the crime of the victim's drinking first by the victim during the process of drinking the defendant, and the health of the defendant is not good, etc., which are favorable to the defendant.

However, the crime of this case was committed by her female victims' face, resulting in bodily injury, which is a dangerous object. In light of the risk, the nature of the crime is not weak, there are many criminal records against the defendant, the victim did not reach an agreement with the victim up to the trial court, the crime of violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapon, etc.) was committed for three years at the lowest limit of the statutory penalty, and was sentenced to the lowest sentence that has already been mitigated by the court below. In addition, comprehensively considering the defendant's age, character and conduct, motive for the crime of this case, and circumstances after the crime, etc., the punishment of the court below is deemed appropriate.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

(However, since it is apparent that “1. Discretionary mitigation: Article 53 and Article 55(1)3 of the Criminal Act is omitted” in the application column of the law of the court below, it shall be corrected to add it in accordance with Article 25(1) of the Rules on Criminal Procedure.

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