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(영문) 창원지방법원 2018.06.20 2017노3577
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be punished by imprisonment with prison labor for eight months);

2. The court below determined that the crime of this case was committed several times, or damaged the victim's property, and the issue is not less complicated in light of the degree of damage, the relationship between the victim and the defendant, the victim is expected to have suffered physical and considerable damage due to the defendant's criminal act, and the defendant committed each of the crimes of this case under the unfavorable circumstances that the defendant committed each of the crimes of this case even during the period of suspension of execution. The defendant expressed that the defendant recognized all of the crimes of this case, there is a family member to support the defendant, that the victim does not want to be punished, that the defendant expressed his intention that he would not want to be punished, that the suspended sentence should be imposed more than three years, and the defendant's imprisonment should be imposed additionally after the lapse of the suspended sentence, taking into account various sentencing conditions as shown in the records and arguments of this case, such as the criminal history, age, sex, environment, motive and means of the crime, and the circumstances after the crime.

The grounds for unfair sentencing (the background of the instant crime, the fact that the Defendant is against the instant crime, the agreement with the victim, family relationship, economic difficulty, etc.) alleged by the Defendant appears to have been sufficiently taken into account in determining the punishment against the Defendant, and the above conditions of sentencing have changed in the trial.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

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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