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(영문) 창원지방법원 2019.09.25 2019노500
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The lower court rendered a sentence by taking account of the following factors: (a) the Defendant led to the confession and reflect of the instant crime; (b) the victim did not want punishment against the Defendant in light of the method of the instant crime; and (c) the degree of damage; and (d) the Defendant had been punished several times including the same kind of crime; and (c) the Defendant committed the instant crime during the period of repeated crime; and (d) other factors unfavorable to the Defendant, such as the Defendant’s age, character and conduct; (b) details and developments of the instant crime; and (c) circumstances after the crime, etc., and

All the grounds for unfair sentencing asserted by the Defendant and the Prosecutor appear to be the circumstances in which the lower court had already taken full account of the Defendant’s punishment, and there are no circumstances to deem that the above sentencing conditions have changed, and considering the above sentencing conditions, the lower court’s punishment is reasonable within the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument are without merit.

3. 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.

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