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(영문) 창원지방법원 2020.04.23 2020노145

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime without being able to do so during the period of repeated crime.

The crime of this case is a small-scale disease, which is a dangerous object of the defendant, and is a bad character to inflict bodily injury on the victim by taking care of the head of the victim.

On the other hand, the defendant recognized the crime of this case and was able to repent with the truth.

In the instant crime, the injured party was insignificant, and the Defendant agreed with the injured party.

The victim does not want to be punished against the defendant, but is seeking action against the victim.

The sentence imposed by the court below on the defendant has already been imposed on the defendant after taking into account the above favorable circumstances, and sentenced the lowest sentence out of the scope of the punishment under law, and it is impossible to sentence the defendant to a lower sentence than that without any other legal grounds for mitigation.

In addition, considering various sentencing conditions, such as the defendant's age, health status, environment, family relationship, circumstances and result of the crime, etc., the sentence imposed by the court below cannot be deemed to be improper because it is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.