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(영문) 창원지방법원 2016.12.14 2016노2780
특수상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

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

2. We also examine the Defendant and the Prosecutor’s respective arguments on unreasonable sentencing.

The Defendant is against the recognition of the instant crime, and the instant crime is in conflict with the nighttime crime of intrusion on structure in the judgment that became final and conclusive, and is in conflict with the latter part of Article 37 of the Criminal Act, taking into account the same case’s equity and equity, and there is a family member to support the Defendant, such as a child, etc.

On the other hand, the crime of this case was committed by the defendant while the defendant has a verbal dispute with the victim's wife; the defendant went beyond the victim's face by drinking, went beyond the victim's face and takes part in several times, such as the victim's side and left part, and the victim's left part was injured by the victim's injury such as the left part of the victim's over nine weeks of medical treatment on a one-time basis, such as the left part fiff, the left part of the victim's side fiff and the right part fiff, etc.; in light of the risk of behavior patterns or the degree of injury suffered by the victim, it is not very good that the crime of this case is not committed; the defendant has been committed several times due to the same crime; the defendant did not agree with the victim until now; and the defendant sent text messages to the victim's family members or threatened the victim's family members, etc., even after the crime of this case was committed.

In addition to the above circumstances, taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various conditions of sentencing as indicated in the instant records and arguments, such as the circumstances after the crime, the lower court’s punishment is heavy or unreasonable.

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