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(영문) 창원지방법원 2017.08.10 2017노1545
폭력행위등처벌에관한법률위반(우범자)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. In light of the aforementioned favorable sentencing grounds, including the following: (a) the Defendant’s confession of a crime; (b) the Defendant’s health and economic conditions are not good; (c) the Defendant committed the instant crime only for four months after the execution of imprisonment with prison labor for the same kind of crime; (d) the Defendant’s age, family relation, economic situation; (e) the background and motive leading to the instant crime; and (e) all other matters on the sentencing indicated in the records and arguments on the change of the records and arguments, the lower judgment’s punishment is deemed reasonable; and (e) there is no change of circumstances to be considered in the first instance trial; 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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