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(영문) 부산지방법원 2017.10.19 2017노2853
상해
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. On the summary of the reasons for appeal (4 months of imprisonment), the prosecutor asserts that the prosecutor is too unfased and the defendant is too unfasible and unfair.

2. The circumstances are favorable, such as the fact that the Defendant recognized and reflected the crime, agreed with the victim, and that there was no record of punishment exceeding the fine due to violent crimes after around 2009.

However, the instant crime was committed on the ground that the Defendant was faced with the body of the Defendant, thereby causing serious injury, such as bonesing the bones, etc. by treating the victim in a non-discriminatory manner on the street, and is highly likely to be criticized in light of the motive, method, and degree of damage.

The defendant has been punished by violent crimes, and the defendant has been sentenced to 12 times of imprisonment, including two times of imprisonment, two times of suspended sentence of imprisonment, eight times of fine, etc.

Although the Defendant sought the Defendant’s wife on the ground that the currently ongoing business crisis, such circumstance is irrelevant to the nature of the instant crime, Defendant’s character and conduct, risk of recidivism, etc., and it is difficult to view that the lower court’s punishment was changed to the extent of significant circumstances.

In full view of these circumstances and other conditions of sentencing as shown in the records and arguments of this case including the defendant's age, sex, environment, etc., the sentence imposed by the court below is deemed to be too weak or unreasonable.

3. The appeal by the conclusion prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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