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(영문) 부산지방법원 2016.06.30 2016노47
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won in penalty) is too unhued and unreasonable.

2. The Defendant’s crime of this case is an unfavorable circumstance to the Defendant, where the Defendant, without any particular reason, inflicted a bodily injury upon his parents by probing him or by taking a punishment, and the Defendant appears to have a dynamic violent tendency upon drinking alcohol, etc.

However, considering various sentencing conditions, such as the Defendant’s age, sex, environment, background leading up to a crime, means and method of the crime, and circumstances after the crime of this case, the sentence imposed by the lower court is too uneasy and unreasonable, in light of the following: (a) the Defendant has led to the confession of the crime of this case and reflects the mistake; (b) the Defendant has no criminal record of identical violence; (c) the victim E has not been much weighted; and (d) the Defendant has been hospitalized for more than one year to treat alcohol ozone; and (c) the Defendant has been under hospital treatment for more than one year.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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