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(영문) 부산지방법원 2015.11.27 2015노1650
폭력행위등처벌에관한법률위반(우범자)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced to the defendant (a fine of two million won and confiscation) is too unreasonable.

2. It is recognized that the circumstances, such as the confession of the Defendant to the instant crime, his mistake against himself, and the fact that the Defendant carried a deadly weapon and did not proceed to other violent crimes.

However, the crime of this case was carried with a deadly weapon that is likely to be used for violent crimes without any justifiable reason in Bana, which is a place used by the public. In light of the method and contents of the crime, etc., the crime is considerably poor, and the defendant has a record of criminal punishment once a fine is imposed due to the same violent crime. The court below seems to have determined punishment by reducing a fine for a summary order (three million won) in consideration of the circumstances favorable to the defendant as seen earlier, taking into account the aforementioned circumstances favorable to the defendant, and there are no special circumstances or changes in circumstances that may be newly considered after the court below sentenced, and other various sentencing conditions as shown in the argument of this case, such as equity in sentencing with the same or similar case, age, character and conduct, environment, motive and circumstance of the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

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

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

[However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, Article 25(1) of the Act on the Punishment of Violences, Etc. as the former Punishment of Violences, Etc. (amended by Act No. 12896, Dec. 30, 2014); Article 70(1) of the Criminal Act as the same Article in Article 13 of the same Act shall be amended as the "Article 70(1) of the former Criminal Act (amended by Act No. 12575, May 14, 2014)."

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