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(영문) 부산지방법원 2017.12.22 2017노3544
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the imprisonment of five months, the suspension of execution of three years, the observation of protection, and the community service order of 120 hours) is too unreasonable.

2. A favorable circumstance is that recognition of a crime and reflects on the determination, the degree of injury is not much serious, and the Defendant’s health is not good.

However, in full view of the following circumstances: (a) there was a history of criminal punishment several times for violent crimes; (b) there was no agreement with the victim; (c) there was no repayment of damage; (d) there was no special change of circumstances after the pronouncement of the lower judgment; (b) equity in sentencing with similar cases; and (c) the Defendant’s age, sex, environment, family relationship, and other circumstances that form the conditions for sentencing specified in the instant case, it is difficult to deem that the lower court’s punishment is unfair because it is too unreasonable

Therefore, we do not accept the above argument of the defendant's above sentencing.

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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