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(영문) 부산지방법원 2014.12.19 2014노3555
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable that the punishment of 8 months sentenced by the defendant is too unreasonable.

2. The crime of this case was committed on the ground that the victim resists the victim's speech, and the defendant caused injury requiring approximately 8 weeks of medical treatment, such as taking the victim (the 60 years of age)'s full mouth and chests several times, such as taking the victim's parts of his mouth and chests, in light of the motive of the crime or the method of the crime, and the crime is considerably poor in light of the motive of the crime or the method of the crime, and the degree of the victim's injury, and the case is not somewhat weak in light of the victim's age or the degree of damage, and the defendant has already been subject to 10 times or more including two times of suspended sentence for the same crime such as violence or injury, and there is a strong need to punish the defendant because of the high possibility of repeating the crime. Nevertheless, it is inevitable that the defendant deposited 450,000 won in the trial process of the court below, and did not reach an agreement with the victim, and did not receive a letter of use from the victim.

However, in full view of all the circumstances, including the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime, it seems that the defendant continued to make efforts to reach an agreement with the victim. The crime of this case was committed by the defendant with drinking alcohol, which did not have any history of criminal punishment for that period, and there was no history of criminal punishment for a sentence, which is suffering from depression and yellow disorder, and which are economically difficult for a basic living recipient, and other circumstances that are conditions for sentencing as indicated in the records, such as the defendant's age, environment, occupation, family relationship, and circumstances before and after the crime, the sentence of the court below is unreasonable because it is excessively unreasonable.

Therefore, the defendant's argument is justified.

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