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(영문) 부산지방법원 2018.07.20 2018노1525
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (700,000 won).

2. At the investigation stage, the Defendant agreed with the victim only.

However, on the ground that the defendant does not lend money, the victim who is a friendly victim has committed several assaults and has inflicted an injury, and the crime is not good in light of the circumstances and contents of the crime.

There is a history of criminal punishment on several occasions, including imprisonment.

In addition, the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, in full view of the following: (a) the Defendant’s age character and character environment; (b) the motive and means of commission of the crime; and (c) the circumstances after the crime.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

3. In conclusion, 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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