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(영문) 창원지방법원 2020.01.22 2019노2110
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a weak mental and physical disorder at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (four months of imprisonment) is too unreasonable.

2. In light of the background of the crime, method of the crime, Defendant’s act before and after the crime, etc., which can be known by the records of this case as to the claim of mental disability, it is difficult to find that the Defendant had weak ability to discern things or make decisions at the time of each crime of this case.

Therefore, the defendant's argument of mental disability is without merit.

3. The lower court decided on the assertion of unfair sentencing, taking into account the motive of the crime and the Defendant’s health status, etc., and the various sentencing conditions indicated in the instant records and arguments, such as the fact that the Defendant was starting to commit the instant crime and the victim did not want punishment against the Defendant.

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 of unfair sentencing is without merit.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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