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(영문) 부산지방법원 2018.07.05 2018노1427
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). It is recognized that the Defendant agreed smoothly with the victim of special assault, special bodily injury, property damage D, E, etc., but it is necessary to punish the Defendant significantly because the Defendant constitutes a repeated offense, even though the Defendant’s attitude of action is bad and a repeated offense.

There is no new change in circumstances that could change the original court's punishment in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, relationship with victims, and previous conviction, as shown in the deliberation of the court below and the party, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. Accordingly, 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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