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부산지방법원 2016.01.28 2015노3403

The defendant's appeal is dismissed.


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

2. The circumstances favorable to the Defendant include the fact that the Defendant led to the confession of the instant crime, and that the Defendant agreed with the victim D, and that the police officer F sought the Defendant’s wife against the Defendant.

However, even though the defendant had been guilty of 14 times of violence and even during the suspended execution period, he again committed the instant crime without being well aware of it, and the court below's punishment is particularly heavy even if it complies with the lower court's lowest of June to October, 1, which is the recommended range of sentencing guidelines, based on the sentencing guidelines.

In light of the fact that there is no change in circumstances that would be different from the original judgment for the first time in the trial, and that there is no other change in circumstances that make the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime of this case, and circumstances after the crime, the original judgment's punishment is deemed appropriate.

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

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.