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(영문) 창원지방법원 2019.02.21 2018노2845

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Considering the following: (a) the fact that there is a heavy risk of a crime in light of the background, means and methods of the crime; (b) the injury of the victims is not less than that of the victim D; (c) the victims did not agree with the victim D; and (d) the same kind of violence is considerably large and led to each of the crimes of this case during the period of repeated crime, a strict punishment against the Defendant is inevitable

However, considering the fact that the defendant appears to reflect on the victim E, the fact that the defendant agreed with the victim E, and all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive for the crime, and circumstances after the crime, the court below's punishment is deemed appropriate, and it does not seem that it is too heavy or too unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.