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(영문) 창원지방법원 2018.04.19 2017노3489
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was physically and mentally weak due to depression at the time of committing the instant crime.

2) The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

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

2. Determination

A. According to the records of the instant case’s assertion of mental and physical weakness, the Defendant was deemed to have received mental and hospitalized treatment in the depression of a serious symptoms without any mental symptoms from August 30, 2017 to September 12, 2017, following the instant crime. However, considering such circumstances, the Defendant was in a state that the Defendant had the ability to discern things or make decisions at the time of committing the instant crime, in light of the background, means and methods of the instant crime, the Defendant’s attitude and words before and after the instant crime, and the following circumstances.

subsection (b) of this section.

This part of the defendant's assertion is without merit.

B. We examine both the Defendant and the Prosecutor’s argument regarding the wrongful determination of sentencing.

In full view of the circumstances that the court below rendered on the grounds of sentencing and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below is deemed appropriate, and it seems unfair because it is too heavy or too low. Thus, the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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