beta
(영문) 창원지방법원 2016.06.02 2016노182

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (one million won in penalty) of the court below is too unreasonable.

2. The judgment is based on the following reasons: (a) the defendant made a confession of a crime and is against the defendant; (b) the defendant has mental illness is a favorable reason for sentencing; (c) the defendant has been punished for the same kind of crime; and (d) the defendant did not agree with the victim and did not recover from the damage.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s assertion is without merit.

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.