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(영문) 부산지방법원 2016.07.15 2016노433
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of execution of two years, and the order to attend lectures for alcohol treatment of 40 hours) is too unreasonable.

2. The judgment appears to be against the defendant's mistake, and the fact that the defendant does not want the punishment of the defendant under the agreement with the victim of the injury crime of this case, etc. is recognized as a favorable circumstance for the defendant.

However, in full view of the fact that the defendant has been punished for the same kind of crime, and that the court below appears to have sentenced the punishment within the scope of the recommended sentencing guidelines (two months to one year and four months) by fully taking into account the defendant's various circumstances, there are no special changes in circumstances that may change the sentence of the court below, and that there are various sentencing conditions in the records and arguments, such as the defendant's age, character and conduct environment, and circumstances before and after the crime, the sentence of the court below is too unreasonable.

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

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

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