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(영문) 부산지방법원 2016.11.18 2016노489
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty of causing property damage among the facts charged in the instant case, and found the defendant guilty of the remaining facts charged against the defendant. Regarding this, only the defendant appealed against the above guilty part among the judgment of the court below, and the defendant and the prosecutor did not appeal the part of the judgment of the court below. However, since the defendant's appeal is based on the nature of claiming a judgment benefit by correcting the original judgment disadvantageous to him/her, unless the judgment is disadvantageous to him/her, the defendant's appeal against the judgment of not guilty, which is the most favorable to the defendant, is unlawful (see, e.g., Supreme Court Decisions 93Do1091, Jul. 29, 1994; 2012Do1200, Dec. 27, 2012). The defendant has no right to appeal against the above acquitted part of the judgment of the court below.

The part of the acquittal was separated and finalized, and was excluded from the object of this Court's trial.

Therefore, the scope of this court's judgment is limited to the above guilty part of the judgment below.

2. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (the fine of 500,000 won) is too unreasonable.

3. It is recognized that the circumstances, such as the confession of the Defendant to commit the instant crime, the depth of his mistake is divided, the first offender who has no criminal record, and the degree of injury suffered by the victim due to the instant crime seems to be relatively heavy.

However, the crime of this case is that the defendant inflicted an injury on the victim for 14 days, and the crime of this case is 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 has not been properly made until now, and special circumstances that can be newly considered after the decision of the court below.

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