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(영문) 창원지방법원 2019.08.20 2019노619
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the defendant is in depth divided into his mistake, the victim does not want the punishment against the defendant, the difficulty in decentralization and suppression of impulses, etc. seems to have affected the occurrence of each of the crimes of this case, and the mother and female her mother and female her mother wanting to take the action against the defendant, etc. are favorable to the defendant.

On the other hand, the crime of this case was committed by the defendant several times of assaulting the victim by drinking and launching, and the victim continued to commit several times of assaulting the victim to report by avoiding the defendant, and the crime of this case was committed in the process of destroying the black stuff loaded on the school bus, and the crime was considerably poor, and there was a history of being sentenced to four times of criminal punishment due to the same crime in the past, and re-offending during the period of probation, etc. are disadvantageous to the defendant.

In full view of the above circumstances favorable or unfavorable to the defendant, and the age, character and conduct, environment, family relationship, and circumstances after the crime, etc. of the defendant revealed in the records and arguments, the punishment imposed by the court below is too heavy or unreasonable.

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

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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