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(영문) 창원지방법원 2021.02.05 2020노2837
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defendants) of the lower court’s punishment (one and half years of imprisonment and confiscation) is too unreasonable.

2. The judgment of the Defendant, on the ground that the Defendant did not fully repay KRW 300,000,000,000 among the 2 million won of the victim’s loan, inflicted an injury on the victim at least six (6) care on the part of the victim. The Defendant forged a foreigner registration certificate upon the request of a professional forged offender known through the pet-in North Korea. The issue of each of the crimes of this case, which was illegally staying in Korea for one year and ten (10) months after the expiration of the period of stay, was not less weak, and the Defendant prepared a knife in advance before the victim visited the house.

On the other hand, the fact that the defendant reflects the mistake, that the victim does not want the punishment for the defendant in consultation with the victim of the special injury at the investigation stage, and that the defendant has no record of criminal punishment in Korea is favorable.

In full view of these circumstances, all of the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines as shown in the instant argument, the lower court’s sentence cannot be deemed unfair because it is too unreasonable.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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