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(영문) 창원지방법원 2016.06.02 2016노169
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (3 million won) of the court below is too unreasonable.

2. The judgment is based on the following facts: (a) the defendant led to the confession of the crime and is against the defendant; and (b) the degree of injury to the victim is not much serious; (c) the defendant has been punished for the same crime nine times; and (d) the fact that the defendant did not agree with the victim is an unfavorable reason for sentencing.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s 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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