(영문) 창원지방법원 2015.10.20 2015노968



The defendant's appeal is dismissed.


1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (four months of imprisonment) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflects his mistake, and that the victim does not want the punishment of the defendant by mutual consent with the victim.

However, the Defendant committed the instant crime against a victim who does not have a common sense with himself/herself, thereby causing injury to the victim for about eight weeks, and the Defendant was sentenced to a suspended sentence for ten months on June 28, 2013 due to a violation of the Act on the Control of Narcotics, etc. (fence) and sentenced to a suspended sentence for two months on October 5, 2013, which became final and conclusive and conclusive on October 5, 2013, and committed the instant crime, even if he/she had been subject to suspended sentence, the Defendant committed the instant crime, and the Defendant was punished several times due to a past violent crime, taking into account the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., and taking into account various circumstances that form the conditions for sentencing as indicated in the instant arguments and records, it is not recognized that the sentence imposed by the lower

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