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(영문) 부산지방법원 2017.07.21 2017노1739
특수상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (unfair sentencing: imprisonment of 2 years and additional collection of 200,000 won; imprisonment of 1 year and additional collection of 100,000 won) is too unreasonable.

2. It is recognized that the Defendants recognized the mistake of the Defendants, Defendant B made it clear to Defendant A that he was injured, and Defendant A deposited KRW 1 million for Defendant B.

However, all the Defendants had been involved in the same kind of crime and did not receive five months after having completed the execution of imprisonment for the same crime and administered phiphones again.

B. The Defendant A issued a philopon to E and Defendant B, and the Defendant B was injured by himself.

In addition to these circumstances, the sentence of the court below is too unreasonable in light of all the sentencing conditions, including the Defendants’ age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Therefore, the defendants' argument of sentencing is without merit.

3. The Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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