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(영문) 부산지방법원 2015.12.24 2015노3169
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won of a fine) is too unlimited and unfair.

2. The judgment of the court below asserts to the effect that when the defendant was dissatisfied with the victim's desire from the victim who was under dispute with the victim in the amusement room, he committed the crime of this case on a contingent basis. Some of the circumstances are taken into account, the defendant has no record of criminal punishment before, and the defendant is currently under economic difficulties, etc., considering the circumstances favorable to the defendant, or the extent of the victim's injury caused by the defendant's assault, etc., the issue is not easy, and the case is not yet agreed with the victim, and the defendant is not yet exempted from criminal liability on the ground that he was not subject to any punishment for the victim's insulting act. In light of the defendant's assertion and the attitude at court, it is doubtful whether the defendant is against his own act, and considering the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and environment, etc., the sentencing of the court below is too inappropriate.

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

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