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(영문) 부산지방법원 2017.02.09 2016노4802
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The judgment of the defendant shows an attitude against the defendant to recognize the crime of this case, and following the death of the victim H of the special injury, the victim agreed with the above victim's referral, and the victim's prior consent was reached.

However, in light of the motive, means, etc. of the crime of special bodily injury of the defendant, the crime of this case is very poor and has been committed, and the defendant was under investigation as a result of the crime of special bodily injury, and the traffic accident of this case was committed while living in order to avoid punishment while being under investigation as a result of the crime of the above special bodily injury and had the record of criminal punishment several times including imprisonment with prison labor for various crimes, such as violent crimes, unlicensed driving, and drug crimes. In particular, the crime of special bodily injury was committed during the period of repeated crime, and there is no change of circumstances that may be considered in sentencing after the sentence of the court below, and all of the sentencing conditions indicated in the records and changes theory, such as the defendant's age, sex behavior, environment, relationship with victim H, and circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is unfair.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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