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(영문) 창원지방법원 2020.08.14 2020노927
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment and confiscation) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant was aware of each of the crimes in this case and reflects the wrongness.

On the other hand, the defendant has already been punished several times, and each of the crimes of this case is committed against the defendant, using a knife or knife, which is a dangerous object, by causing each injury to three victims, and the risk of such injury is considerably high, and the damage recovery was not taken at all, etc. are disadvantageous to the defendant.

In full view of the above circumstances and other factors, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime, and the scope of recommended sentencing guidelines, etc., the Defendant’s allegation of unfair sentencing is without merit. Thus, the Defendant’s allegation of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

[However, since it is apparent that “1. The scope of applicable sentences under the law: one year to 10 years” in each week of the judgment below’s sentencing is a clerical error in “1. The scope of applicable sentences under the law: one year to 15 years”, it shall be corrected to correct it ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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