logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.02.05 2014노4288
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the confession of the instant crime by the Defendant; (b) the degree of the Defendant’s participation in the instant crime was relatively heavy; and (c) the Defendant did not have any record of having been punished for the same kind of crime.

However, the lower court appears to have determined a sentence by fully taking into account the circumstances favorable to the Defendant, and there is no change in circumstances that would be different from the lower court’s punishment in the first instance, and no agreement with the victim or no recovery from damage has been made until the first instance court. In full view of the equity in sentencing with the same and similar cases, and the Defendant’s age, character and conduct, motive of the instant crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

arrow