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(영문) 창원지방법원 2020.02.13 2019노2040
특수상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the court below against the defendants (the defendant A: imprisonment with prison labor for one year and 300,000 won for additional collection charges, defendant B: imprisonment with prison labor for ten months and 200,000 won for additional collection charges) is too unreasonable.

2. It is recognized that the Defendants were against their mistake, and the degree of damage to the crime of special injury and illegal use of convenience facilities is relatively not much serious, and the Defendant A was physically disabled, and Defendant B cooperated with the investigation by voluntarily making a statement of the fact of philophone medication and the upper line.

However, all of the Defendants were not only for the same kind of criminal offense, but also during the same repeated offense period, Defendant A was not aware of himself during the probation period, and Defendant B committed each of the crimes in this case.

Defendant

In the case of A, the victim C was not prepared until the trial of the trial.

In addition to these circumstances, considering all the sentencing conditions, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime, the lower court’s punishment against the Defendants cannot be deemed to be too unreasonable.

Therefore, the Defendants’ assertion is without merit.

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

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