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(영문) 창원지방법원 2017.05.24 2017노327
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

The lower court determined unfair sentencing (the Defendant, at the first trial date of the first trial of the first trial of the first instance, withdrawn his argument other than the sentencing) based on the summary of the grounds for appeal (the Defendant, even though having been subject to punishment several times as violent crimes, was committed against the Defendant, under the unfavorable circumstances that the Defendant agreed with the victims, and took into account the favorable circumstances that the Defendant reflects his mistake, and determined the sentence in consideration of the circumstances leading up to the instant crime.

Although the Defendant is deemed to have a difficult economic difficulty in supporting his wife and her children, the above sentencing conditions have been significantly changed in the first instance court, unlike the foregoing sentencing factors.

In light of the fact that it is difficult to see the sentencing conditions, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's above assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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