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(영문) 창원지방법원 2016.12.14 2016노2239
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1 (hereinafter referred to as a fine of nine million won) declared by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The defendant and the prosecutor's arguments are examined together.

The crime of this case is a case where the defendant, who is an urban bus article, scam the victim of the bus due to the reason that the victim was scambling, and again scambling the victim who gets out of the bus, and the victim who was in need of medical treatment for about two weeks, and the nature of the crime is very rough and good, and the defendant has been punished several times for violent crimes, and in particular, the defendant committed the crime of this case even though he was in the period of repeated crime after scam for the same kind of crime.

On the other hand, it is favorable for the defendant to recognize and reflect the crime of this case, the injury inflicted by the defendant to the victim is not a significant part, and the defendant agreed with the victim in the trial.

In full view of the above circumstances and the Defendant’s age, character and conduct, family environment, motive and circumstance of the crime, the means and consequence of the crime, and other various circumstances, etc., the sentence imposed by the lower court cannot be deemed too heavy or less severe.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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