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(영문) 창원지방법원 2020.11.27 2020노2213

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The circumstances that may be somewhat taken into account in the course of committing the instant crime are favorable to the Defendant, such as where the Defendant was aware of the instant crime, where the mistake is against the Defendant, and where the victim was frightened, etc.

On the other hand, even if the victim did not actively exercise the force against the defendant even though he did not exercise the force of force against the defendant, the victim suffered injury by exercising the force of force to recover damage, did not take all measures to recover damage, did not receive the letter from the victim, had a record of criminal punishment several times, and re-offending the defendant even if he had been in the period of suspension of execution.

In full view of the above circumstances and other factors, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime, and the scope of recommended sentencing guidelines, etc., the Defendant’s allegation of unfair sentencing is without merit. Thus, the Defendant’s allegation of unfair sentencing is without merit.

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