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(영문) 창원지방법원 2017.11.01 2017노1839
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by comprehensively taking into account the following circumstances: (a) under favorable circumstances in which the Defendant had no previous conviction or suspended sentence for the same kind of crime; (b) denying the fact that the Defendant inflicted serious injury on the victim of a tree who is a dangerous object while leaving the victim of the tree; and (c) did not appear to have the intent or efforts to recover damage by the closing date of pleadings in the lower court’s trial by denying the fact that there was no significant injury on the part of the Defendant; (d) the victim was seriously injured by the victim; and (e) the victim was unable to report on the victim’s cell phone due to the damage of the victim’s cell phone, and (e) the fact that the circumstance after the crime was committed is not good, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

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.

It is recognized that the defendant is a crime using dangerous articles in the trial of the party, and that the defendant additionally deposited 5 million won for the victim in the trial of the party in addition to the deposit of 7 million won prior to the pronouncement of the judgment of the court below, and that the defendant supports his children and his mother between the former and his wife.

However, as seen earlier, the victim's injury is severe, and the victim still suffers physical and mental damage caused by the crime of this case, such as re-operation and follow-up treatment, etc. Nevertheless, the defendant asserts that the victim was unable to properly manage the import or was suspected of being causing the crime.

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