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(영문) 부산지방법원 2016.09.08 2016노2318
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (1.5 million won of fine) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of the instant crime and the fact that the Defendant does not want the Defendant’s punishment by mutual consent with the victim.

However, in light of the fact that the Defendant was sentenced nine times to imprisonment with prison labor, one time to suspend execution, and one time to be sentenced to a fine, and that there was a significant part of the crime related to violence, and that there was no change in the circumstances that may be considered as the grounds for sentencing in the trial, and other various circumstances that form the conditions for sentencing specified in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the crime, etc., it cannot be deemed that the lower court’s sentence is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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