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(영문) 부산지방법원 2016.05.20 2016노1128
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and additional collection) on the defendant is too unlimited and unfair.

2. It is recognized that the circumstances such as the confession of all the crimes of this case, the depth of his mistake, the voluntary report to investigation agency and the voluntary surrender of himself, the victim of the crime of bodily injury as stated in the judgment below, and the victim does not want punishment against the defendant by mutual agreement with the victim of the crime of bodily injury.

However, the crime of this case is deemed to have been administered by the defendant about 0.05g of the Mepte and inflicted an injury upon the victim who is unable to know the number of days of treatment. In light of the method and contents of the crime, etc., the crime of this case is considerably poor. The defendant has four times of punishment for narcotics and violent crimes, one time of suspended execution, and seven times of fine. In particular, on October 7, 2014, the Busan District Court sentenced 8 months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on April 22, 2015 and committed the crime of this case again during the period of repeated punishment, and on other grounds, according to the equality in sentencing with the same and similar cases, the defendant's age, sex, environment, motive and circumstance of the crime, etc., and the sentencing guidelines for the crimes of this case fall under the scope of punishment of imprisonment with prison labor for not less than three years and the scope of punishment of punishment for the same kind and similar crimes [the scope of punishment for three years of punishment (one year of punishment or more].

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