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(영문) 부산지방법원 2019.07.11 2019노1030
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Considering that the Defendant’s summary of the grounds for appeal is a disabled person in inverte Grade 5 and is a medical and housing beneficiary, the lower court’s sentencing (fine 1,500,000) is too unreasonable.

2. According to the records of this case, the court below seems to have determined the punishment within the reasonable scope of discretion in consideration of the fact that the defendant was punished for the same kind of crime committed in the state of master (two times a fine, one time a suspended sentence), the fact that the victim was unable to obtain a letter from the victim and thus the victim wants to punish the defendant, confession and reflect, health conditions and living level, the defendant's age, character and behavior, motive and result of the crime, circumstances after the crime, etc., and there are no special circumstances to change the sentencing of the court below after the judgment of the court below.

The defendant's assertion of unfair 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 ground that it is without merit. It is so decided as per Disposition.

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