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(영문) 창원지방법원 2019.09.25 2019노1560

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and confiscation) of the lower court is too unreasonable.

2. The lower court rendered a sentence by taking account of the following factors: (a) under favorable circumstances in which the Defendant had no previous conviction exceeding a fine since 1973; (b) the quality of the crime was inferior in light of the method of the crime; (c) the commission of a similar crime against the same victim; and (d) the circumstances unfavorable to the victim; and (c) the Defendant’s age, character and conduct, environment, details of the crime; and (d) other various sentencing conditions specified in the records and arguments, including the circumstances after the crime.

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.