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(영문) 창원지방법원 2019.07.24 2019노802

특수상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (one year of imprisonment, confiscation) is too unreasonable.

(B) The defendant withdraws his claim for mental disorder on the first day of the appellate trial.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant led to confession; (b) the victims agreed with the victims to seek a preference against the Defendant; (c) the quality of the crime is inferior; and (d) the fact that the victims had been punished several times of the same kind of crime; and (b) the Defendant’s age, occupation, character and behavior; (c) the environment; (d) motive, means and consequence of the crime; and (e) the various sentencing conditions specified in the records and arguments, including

All the grounds for unfair sentencing asserted by the Defendant and the Prosecutor appear to be the circumstances in which the lower court had already taken full account of the Defendant’s punishment, and there are no circumstances to deem that the above sentencing conditions have changed, and considering the above sentencing conditions, the lower court’s punishment is reasonable within the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument are without merit.

3. The appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.