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(영문) 창원지방법원 2017.07.20 2017노835
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (20 days of detention) on the gist of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognizes and reflects the crime of this case, the fact that the defendant has a mother who should support the defendant, and a child of class 2 with a physical disability in the protection facility.

However, the defendant has been punished 12 times for violent crimes, and in particular, the crime of this case was committed by the defendant at the Changwon District Court on November 6, 2014 by having been sentenced to 2 years of suspension of execution in October of imprisonment with prison labor for the violation of the Punishment of Violences, etc. Act (joint injury) and interference with the performance of official duties, etc. and committed for a limited period of time. Article 50(1) of the Criminal Act provides that the severity of the punishment shall be in the order of Article 41.

Article 41 of the Criminal Act provides that "the types of punishment shall be stated in the order of death penalty, imprisonment without prison labor, loss of qualification, suspension of qualification, fine, penal detention, minor fine, and confiscation." Thus, a fine more severe than the penal detention (see Supreme Court Decision 2001Do5131, May 28, 2002) is not to be sentenced to a fine heavier than the penal detention (see Supreme Court Decision 2001Do5131, May 28, 2002). In full view of the various circumstances, including the defendant's age, environment, sex behavior, motive for committing a crime, circumstances before and after a crime, etc., and the sentencing conditions specified in the records and arguments of this case, it cannot be deemed that the sentence of the court below is too unreasonable

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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