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(영문) 부산지방법원 2018.03.23 2017노4621
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances are to be taken into account, such as the fact that the defendant recognized the crime and is in depth and reflects the depth of the crime, the fact that the injured party seeks the Defendant’s wife by agreement with the victim, and the occurrence of vision between the injured party and the injured party, leading to the crime of this case. On the other hand, the fact that the method of violence, such as taking the injured party’s disease toward the injured party, is highly dangerous, and that the Defendant committed the crime of this case without being aware of a large number of criminal records of the same kind and committed the crime during the period of probation

However, if there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

The judgment of the court below (see Supreme Court Decision 2015Do3260 delivered on July 23, 2015). The court below determined a sentence in consideration of all the above circumstances, and the court below determined a sentence in the first instance court without any change in sentencing conditions that may be different from the punishment of the court below. In full view of the defendant's age, sex, health, environment, motive and circumstance of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the records and theories of the change of the punishment of this case, including the circumstances after the crime, etc., the sentence of the court below is too heavy or unreasonable. Thus, the defendant and the prosecutor's argument that the punishment of the court below is unfair is without merit.

The defendant and the prosecutor's assertion are not accepted.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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