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(영문) 창원지방법원 2017.08.23 2017노1419
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined that: (a) under the circumstances that the Defendant had been punished several times; (b) committed the instant crime during the period of suspension of execution for the same kind of crime; (c) committed the instant crime during the period of suspension of execution for the same crime; and (d) the victim appears to have imprisoned a considerable fear; (c) under the agreement with the victim, the injured party does not want the punishment of the Defendant; and (d) the Defendant’s family members are able to provide the Defendant’s medical treatment with the symptoms of alcohol dependence; and (e) determined a sentence by taking into account the sentencing conditions, such as 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.

Although the Defendant is deemed to have endeavored to not repeat a crime by receiving treatment for alcohol addiction from around March 2017, he/she is recognized as having made an endeavor to do so, the sentencing conditions specified earlier have changed significantly in the first instance.

It is difficult to view the foregoing sentencing, and in light of the scope of the recommendation [the scope of the sentencing guidelines for the crime of habitual injury, repeated injury, and special injury (Habitual injury, repeated crime and special injury)] of the sentencing guidelines for the crime of special injury, the lower court’s punishment cannot be deemed unfair because it is excessively unreasonable in light of the following: (a) the mitigation area (one type from June to February 6) of the mitigation area; and (b) the special mitigation person (unlimited to punishment) of the mitigation area.

Therefore, the defendant's above 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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