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(영문) 창원지방법원 2015.07.08 2015노744
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant, who is the defendant of the grounds for appeal, is excessively limited to the punishment imposed by the court below (three million won of a fine), and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unfair.

2. We also examine each of the allegation of unfair sentencing by the Defendant and the prosecutor.

Considering the favorable circumstances such as the confession and reflect of the defendant, the fact that the defendant was suffering from a cerebral disease, and the defendant was suffering from injury in the instant case, and the fact that the defendant again committed each of the instant crimes despite the past history of punishment 11 times in the past, such as the fact that the defendant did not reach an agreement with the victims, and other unfavorable circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, 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. It is so decided as per Disposition.

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