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(영문) 부산지방법원 2015.11.27 2015노3578
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 punishment (three million won of fine) is too unreasonable.

2. It is recognized that the Defendant, who made a confession of the instant crime, reflects his mistake while making a smooth agreement with the victim, and the instant crime is a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime of violating the Act on the Control of Narcotics, etc. (fence) and the latter part of Article 37 of the Criminal Act, and that the sentence should be imposed in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to the former part of Article 39(

However, the crime of this case is deemed to have inflicted an injury on a victim by assaulting the victim on the ground that the victim's horse would be bad, in light of the method and content of the crime, etc., the crime of this case is not deemed to have been committed; the defendant committed the crime of this case even though he had the record of criminal punishment three times of fines due to the same kind of violent crime; the defendant committed the crime of this case; there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below; and other various sentencing conditions as shown in the arguments of this case, including equity in sentencing with the same or similar incidents; the defendant's age, career, career, character and behavior, environment; the motive and background of the crime of this case; the means and method of the crime of this case; and the circumstances after the crime

Therefore, the defendant's above assertion cannot be accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, if the “relevant Article” of the 13th sentence of the judgment of the court below is deemed to be “the pertinent Article” and “the choice of punishment”, it shall be corrected).

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