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(영문) 부산지방법원 2016.02.05 2015노3387
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the fine of KRW 700,00,000 imposed by the court below against the defendant is too unreasonable.

2. The conclusion that the Defendant recognized the instant crime, thereby opposing his mistake.

However, in light of the overall circumstances, such as the Defendant’s age, environment, family relationship, circumstances leading to each of the instant crimes, and circumstances before and after the commission of the crime, the lower court’s punishment is excessively unreasonable and unreasonable, in light of the following: (a) the Defendant was assaulted by finding the victim from female-friendly districts without any reason; (b) the Defendant did not agree with the victim until the trial was held; (c) the Defendant was absent without any justifiable reason; and (d) the Defendant was in a wrong position; and (e) other circumstances, such as the Defendant’s age, environment, family relationship, circumstances leading to each of the instant crimes, and circumstances before and after the commission of the crime.

3. In conclusion, 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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