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(영문) 창원지방법원 2018.12.19 2018노2346
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the summary of the grounds for appeal (the sentence of the lower court: 8 months, and the Defendant withdrawn his/her argument about mental disorder on the first trial date)

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The fact that the Defendant’s crime of this case was poor, that there was no effort to recover damage to the victim of special injuries by the Defendant is unfavorable to the Defendant, or that the Defendant was a first offender who has no record of crime, that the Defendant confessions all of the crimes of this case and is against the Defendant, and that the victim of special assault does not want the punishment of the Defendant is favorable to the Defendant.

(c)

In light of the above circumstances that are disadvantageous or favorable to the Defendant, the lower court’s punishment cannot be deemed to be excessively unreasonable in light of the following factors: (a) the Defendant’s age, sex, environment, background leading up to the commission of the crime, means, and consequence; and (b) the circumstances after the commission of the crime in the instant case and the arguments.

Unlike the fact that the sentencing conditions have been changed in the court;

There are no circumstances to see.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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