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(영문) 창원지방법원 2017.05.11 2016노3180
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged against the Defendant, the lower court dismissed the prosecution as to the assault in the case No. 2016 order 1117, and sentenced the Defendant guilty as to the special injury, and dismissed part of the public prosecution for which the prosecutor did not appeal due to only the Defendant’s appeal as to the conviction was dismissed by the lapse of the appeal period, and thus, in the judgment of the lower court, the judgment is to be made only for the guilty part of the judgment below.

2. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendant (the imprisonment of eight months, the suspension of execution of two years, and the community service time of 80 hours) and, in particular, the community service order portion is too unreasonable in light of the present

3. Determination

A. As to the part concerning the period of eight months of imprisonment and two years of suspended execution, the Defendant recognized and reflected the instant crime when the Defendant was in the first instance, and agreed with all victims, etc., which are favorable to the Defendant. However, the Defendant has been subject to punishment several times including having been sentenced three times of violent crimes, and the Defendant’s injury to the victim due to the instant crime is limited to the extent that the victim’s injury is required to be treated four weeks, and the form of the instant crime is also limited to the case where the victim’s head was at the time of the victim’s head and was cut off under the stairs, and it is not easy to change the sentence of the lower court in the first instance, and there is no special circumstance to change the sentence of the lower court at the same time, and in full view of various circumstances, such as the Defendant’s age, sex, environment, circumstances of the instant crime, and the conditions of sentencing before and after the crime, it is not determined that the lower court’s punishment is too unreasonable.

B. As to the portion of the community service order, Article 62-2(1) of the Criminal Act provides that “in the event of the postponement of the execution of sentence, the execution of sentence may be ordered to undergo protection observation or community service or attend lectures.”

“The protection observation, community service, etc., as provided for in this paragraph.”

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