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(영문) 부산지방법원 2018.05.31 2017노4335
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The crime of this case is deemed to be not suitable in the form of the act of assault due to the scambling of the victim's head, being towed, being towed, the scambling of the victim's head, and the scambling of the scam.

However, the defendant has been punished once by a fine for driving alcohol so far, and the victim does not want to be punished by the defendant in the first instance.

In addition, it cannot be deemed that the lower court’s punishment exceeded the reasonable scope of discretion or is unfair because it is too unffortunate, in full view of the various conditions of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, relationship with the victim (in the course of a divorce lawsuit), motive for committing the crime, circumstances after committing the crime, etc.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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