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(영문) 창원지방법원 2017.09.14 2017노1679
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment (five million won in penalty) of the judgment of the court below as to the summary of the grounds for appeal, the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. We examine the judgment, the fact that the defendant acknowledges and reflects his mistake, the fact that the agreement with the victim is favorable, and the degree of injury of the victim is not less than that of the victim, the fact that the crime is committed during the period of repeated crime, and the fact that the defendant can have been punished for violence-related crimes is disadvantageous.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

3. As such, the appeal 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. It is so decided as per Disposition.

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