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(영문) 부산지방법원 2015.12.24 2015노3367
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of fine) is too unreasonable.

2. The judgment of the court below is that the defendant recognized all of the crimes of this case and against his mistake; some of the circumstances leading up to the crime of this case are considered; the defendant is faced with an economic difficult situation; the individual rehabilitation procedure against the defendant is under way; the defendant agreed with the victim; etc.; however, the crime of this case is not easy to be committed in light of circumstances favorable to the defendant; the crime of this case is committed jointly with the defendant C; the crime of this case is committed in light of the defendant's degree of violence and the degree of injury to the victim; the defendant has been punished two times as suspension of execution; the defendant committed the crime of this case even if there was the history of punishment for the same kind of crime; the court below determined the sentence of the court below in consideration of the circumstances favorable to the defendant; the defendant; the defendant could not find any other changed situation after a request for formal trial; the motive and circumstance of the crime of this case; the defendant's age after the crime of this case; and the records and arguments of this case; and the sentencing of this case cannot be deemed to be imposed in consideration of various circumstances.

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.

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