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(영문) 부산지방법원 2016.06.30 2016노54
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The court below sentenced the defendant to a two-year suspended sentence of imprisonment with prison labor for six months, and argued that the defendant is too unfortunate and unfair, and that the prosecutor is too unfortunate and unfair.

2. The crime of this case was committed by the Defendant by assaulting the victim, resulting in bodily injury, such as bones, bones, salkes, and salkes, and even though the degree of the damage was very serious, the victim was still suffering from severe damage, and thus, did not reach an agreement with the victim, and thus the victim was humping

However, in light of the favorable circumstances, such as the fact that the defendant has committed a crime when he was in the trial, the fact that he deposited KRW 15 million for the victim, the fact that the defendant has no record of crime, and the defendant has considerable responsibility for the victim to commit the crime of this case, and other favorable circumstances, such as the defendant's age, sexual conduct, environment, means and consequence of the crime of this case, and all other factors on the records and arguments on the changes of the crime of this case, such as the records and the situation before and after the crime of this case, the punishment sentenced by the court below shall not be deemed to be within the proper scope of sentencing discretion, and it cannot be deemed to be unfair because it is too heavy or too low.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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