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(영문) 부산고등법원 (창원) 2015.03.25 2014노416
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor of one year and three months and by a fine of five thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment and a fine of five million won) is too unreasonable.

2. In each of the instant crimes recognized by the evidence, evidence-based rules, and legal principles (non-existence of mental or physical disorder), each of the instant crimes (non-existence of mental or physical disorder), is recognized as an unfavorable sentencing factor or neutral and objective sentencing factor, such as: (a) the Defendant had been punished for violent crimes, such as injury, damage to property, etc. even before, and the Defendant committed assault and intimidation against the victim F and his/her female, and the police officers in mobilization, as well as assault and intimidation, who were sexually friendly to the victim F and his/her female; and (b) the victim appears to have been frightd with

However, all of the crimes of this case are recognized by the defendant, and there is no record that the defendant had been punished due to drunk driving or unlicensed driving before, and the defendant agreed with the victim J and D in the trial, and accordingly, the above victims want to take the action against the defendant.

In full view of the above factors of sentencing and the scope of recommended sentences on the sentencing guidelines, the statutory punishment (limited to imprisonment of not less than one year) for the offense of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. with the largest punishment penalty, and the applicable sentences and sentencing cases, the defendant's age, character and conduct, intelligence and environment, motive and circumstance leading to each of the instant offenses, the means and consequence of the instant offenses, and the circumstances after the commission of the offense, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is justified.

- multiple crimes - Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.): Violence crime group, intimidation crime, Type 5 (Intimidation for Retaliatory), serious reflection, etc. - Injury crime: Violence crime group, general injury, Type 1 (General Injury), minor injury, and serious injury.

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