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(영문) 부산지방법원 2015.10.15 2015노2041
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

All applications for the instant compensation order filed by the applicant for compensation are dismissed.

Reasons

1. The summary of the grounds for appeal argues that the court below sentenced the defendant to a fine of three million won, and the prosecutor asserts that the sentence of the court below is too unfasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.

2. We also examine the Defendant and the prosecutor’s argument on the grounds of appeal on unreasonable sentencing.

Although the victims were suffering from physical and mental pain due to the crime of this case, the victims failed to reach an agreement between the defendant and the victims so they want to take severe punishment against the defendant, etc. are disadvantageous to the defendant.

However, the defendant recognized the crime of this case, and there is no record of criminal punishment except that sentenced to a fine of one million won due to the violation of the Road Traffic Act around 1998, and the victim's injury was not severe; the defendant deposited 2 million won for the victim D at the court below, and recovered it at the request of the above victim's deposit recovery; however, the defendant deposited 1.5 million won for the victim E and F again at the court below, and deposited 750,000 won for the victim D again at the court below, and other various circumstances, which are the conditions for sentencing as specified in the records and arguments of this case, such as the defendant's age, character and conduct, motive and circumstance of the crime, and circumstances after the crime, are considered to be too heavy or unreasonable. Thus, the defendant and the prosecutor's above assertion are without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application for compensation filed by the applicant for compensation is not clear in the scope of the defendant's liability for compensation. Thus, it is so decided as per Disposition by the assent of all participating Justices on the Law on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc.

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