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(영문) 부산지방법원 2019.06.27 2019노128
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) did not have the Defendant, by his negligence, contributed to the victim E by putting in lots the odor that the Defendant made.

The amount of punishment (4 million won of a fine) is unreasonable.

2. Determination

A. The lower court determined that there was negligence on the Defendant on the ground that the Defendant, while under the influence of alcohol, citing hot odors that the Defendant saw, and recognized the fact that the Defendant’s investment was made in the vicinity of the victim, and the victim suffered pictures by the victim’s 2 degrees, if he moved into hot odor, he may make an investment in the event of a breath under the influence of alcohol.

Upon examining the records, the decision of the court below that the defendant's act constitutes a crime of bodily injury by negligence as provided by Article 266 (1) of the Criminal Act shall be justified and there is no error of law that affected the judgment

B. The lower court rendered a sentence on the assertion of unfair sentencing by comprehensively taking account of the victim of the crime of injury caused by negligence, unagreement with the victim of the crime of interference with business, agreement with the victim

Although the defendant presented the data that he is a recipient in the appellate trial, he does not fall under the circumstances to change the sentencing of the court below.

Even if this court re-examines the sentencing factors, the determination of the original sentence is unreasonable.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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