beta
(영문) 창원지방법원 2020.12.11 2020노2273

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defendants) by the lower court is too unreasonable.

2. Determination is an unfavorable circumstance, such as: (a) the Defendant’s 72 years of age committed violence, such as taking the victim’s breast part on his chest; (b) the Defendant did not receive the victim’s letter; and (c) the Defendant was punished for committing an injury.

On the other hand, the fact that the defendant reflects the mistake, seems to be a contingent crime, that the defendant's previous conviction was sentenced to a fine in 1998, that there was no previous conviction in the same kind, that there is no good health of the defendant.

In full view of such circumstances and all of the sentencing conditions as shown in the instant argument and the scope of the recommended sentencing guidelines, the lower court’s sentence cannot be deemed to be too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless.