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(영문) 부산지방법원 2016.12.01 2016노3571
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The 6-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. The judgment is recognized that the defendant is a young person of 22 years of age who has a intellectual disability of the third grade of the mental retardation, takes the attitude of recognizing and reflecting the mistake, and that the defendant has no record of criminal punishment. However, considering that the defendant's act of assaulting the victim with a intellectual disability of the second grade of the mental retardation with his own house with B and C in a group with the victim with his own house, thereby causing serious bodily harm to the victim, the defendant still did not reach an agreement with the victim, the crime or its possibility of criticism of the crime in this case is not weak, and the punishment imposed in the court below is not heavier even if overall circumstances are considered such as character, conduct, environment, criminal records, motive and circumstance of the crime, and circumstances after the crime.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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