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(영문) 부산지방법원 2017.04.28 2017노262
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (one year and two months of imprisonment) of the lower court.

2. In full view of all the circumstances in the arguments of this case and the records, including the favorable circumstances (such as partial confessions) and unfavorable circumstances (unagreements, the same kind of power, the degree of damage, etc.) as stated in the grounds for sentencing, the Defendant’s age character and character environment, the motive and consequence of the crime, and the circumstances after the crime, etc., the lower court’s judgment exceeded the reasonable limits of discretion.

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. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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