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(영문) 창원지방법원 2020.02.12 2019노2505
폭행
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court determined the sentence, taking into account the following circumstances: (a) the Defendant committed a crime against the same victim and received several punishments; (b) the Defendant committed a crime against the same victim; (c) the injury was not recovered; and (d) the fact that there was a record of punishment for multiple violent crimes; and (c) the Defendant’s age, character and behavior, environment, relationship with the victim; (d) motive, means and consequence of the crime; and (e) the sentence was imposed by taking into account various sentencing conditions indicated in the records and arguments, such as 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.

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