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(영문) 창원지방법원 2014.10.29 2014노1334
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s penalty (2,000,000 won) is too unreasonable.

2. The crime of this case was committed by the Defendant on the ground that the victim (the 9-year old-age) who was the Defendant had committed an act to have the son living together with the Defendant, and caused multiple scambling in need of treatment for two weeks, which is favorable circumstances, such as the fact that the Defendant recognized all of the crime of this case and against it, and that the Defendant was the first offender.

However, it seems that the defendant, who has a duty to protect and educate the victim who is only a minor as his parent, caused injury to the victim, and that the physical and mental suffering suffered from the crime of this case is also reasonable. There are unfavorable circumstances such as the nature of the crime of this case, and as a result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court, the recommended punishment for the crime of this case is in six months of imprisonment with prison labor (the case where "victims who are vulnerable to the crime" as a special factor) and two years of imprisonment with prison labor (the case where "victims who are vulnerable to the crime of this case" is considered as a special factor). The court below is hard to see that the defendant is sentenced to a fine in consideration of the favorable circumstances as seen above, and the punishment imposed by the court below is too unreasonable in consideration of all the conditions of sentencing as shown in the records and arguments of this case, such as the age, character and environment

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 since it is without merit. It is so decided as per Disposition.

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