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(영문) 부산지방법원 2018.11.15 2018노3534
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the grounds for appeal, the defendant asserts that the defendant's punishment (one year of imprisonment, and confiscation) declared by the court below is too unfasible, and the prosecutor is too unfased and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The instant crime committed on the ground that the Defendant is a dangerous object on the ground that the victim C (V, 69 years old) does not enter the house of the victim as a person who is a prone under law, and the victim’s face does not enter the house, the victim’s face is over 8cm, and around 2 weeks, and thus, the method of crime is dangerous and the Defendant’s behavior is very poor.

The Defendant was unable to receive a letter from the victim, and it seems that the victim was suffering from the victim at the time, and that the mental impulse and fear was reasonable.

However, the defendant is aged 81 years of age and has no record of punishment heavier than a fine.

If there is no new change in circumstances that could change the sentence of the court below in the trial at the court below, and comprehensively takes into account the conditions of sentencing, such as the Defendant’s health status as shown in the hearing at the court below and the party deliberation, and the motive of the crime, the sentence imposed by the court below cannot be deemed to be adequate, too heavy or unfair.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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