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(영문) 창원지방법원 2017.02.09 2016노3154
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. In full view of the reasons for the sentencing stated by the court below, including: (a) there is no change in the conditions of sentencing compared with the first instance court; and (b) where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015); (c) there is no change in the conditions of sentencing compared with the original court because new sentencing materials have not been submitted in the trial court; (d) there is a number of criminal records against the Defendant; and (e) there was repeated crimes committed during the suspension period of execution for the same kind of crime, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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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