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(영문) 창원지방법원 2017.10.18 2017노2260
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the Defendant asserted only unfair sentencing on the grounds of appeal at the first trial date)

2. The lower court rendered a sentence in consideration of the circumstances favorable to the fact that the person is a repeated crime of the same kind, the confession and reflect of the crime, and the victim did not want the punishment of the defendant.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

At the time, the Defendant, while being under the influence of alcohol both the Defendant and the victim, committed an act to prevent the occurrence of a crime by taking the victim’s desire to the Defendant, etc., but, at the time, the Defendant was a long period of time with the victim, and the victim did not want to be punished by an agreement, and even if the Defendant had his father, he did not again commit the same crime.

at the same time, the wife is sought.

However, such circumstance alone led to a significant change in the sentencing conditions set forth above in the trial.

It is difficult to see the above sentencing, and in light of the comprehensive consideration of the above sentencing, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is rejected.

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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