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(영문) 부산고등법원 (창원) 2019.03.13 2018노348
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The Defendant recognized the instant crime and divided the mistake in depth, and the contents of the instant crime were sealed once by the hand floor, and the degree of the assault was not severe, and the Defendant did not have any record of criminal punishment, etc. are favorable to the Defendant.

On the other hand, the fact that the victim was unable to lead a normal social life due to the occurrence of serious injury such as external cerebrovascular, etc., and the victim and his family members were suffering from severe pain due to the crime of this case is presumed to have been unable to lead a normal social life due to the occurrence of serious injury to external cerebrovascular, etc., and the future

In full view of the above circumstances and the Defendant’s age, character, conduct and environment, motive, means and consequence of the instant crime, all of the sentencing conditions shown in the instant argument, including the circumstances after the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Commission (one to three years of imprisonment), it is not determined that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.

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