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(영문) 부산지방법원 2016.11.18 2016노1384
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in eight months of imprisonment and two years of probation and community service work) declared by the court below is too unfasible and unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendant for about 42 days at a 42-day medical treatment, the crime of this case was committed by the Defendant, and the nature of the crime was considerably poor in light of the method and contents of the crime, and it seems that the agreement with the victim or the recovery of damage was not properly achieved until now, and the Defendant committed the crime of this case at least twice the suspension of execution and the three times criminal punishment of fines for the same crime, even though there was the past record of the crime of this case, it is necessary to hold the Defendant liable with severe responsibility corresponding thereto.

However, it seems that there are some aspects of the defendant's confession of the crime of this case and reflects his mistake in depth, and the victim's degree of injury is serious because he was faced with ordinary reputation, etc. around the defendant's being pushed ahead of the crime of this case. Since 2008, the defendant has no record of criminal punishment for the same and similar crimes, and other various conditions of sentencing as shown in the arguments of this case, such as equity in sentencing with the same and similar cases, age, career, character and conduct, environment, motive and circumstance of the crime, means and method of the crime, method and result of the crime, etc., and the sentence imposed by the court below falls under the aggravated area (general injury) of category 1 (general injury) among the "general injury" of the sentencing guidelines for crime of violence according to the sentencing guidelines, and the scope of sentence is six to two years of imprisonment.

In full view of the internal points, it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

Therefore, the prosecutor's above assertion is not accepted.

3. If so, the prosecutor's appeal is without merit.

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