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(영문) 창원지방법원 2017.07.20 2017노1400
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In full view of all the facts pertaining to sentencing, including the following: (a) the first instance court made a confession of all crimes, and made an agreement with the victim of special assault, and deposited KRW 1.5 million for the victim of the other party's interest in the obstruction of the performance of official duties; (b) there is a favorable reason for sentencing; (c) however, there is no adverse reason for sentencing, such as: (a) the criminal offense committed in a detention house is bad due to an offense committed in several times; (d) the same criminal records are three times (one time of imprisonment and two times of fines); and (e) the criminal records and several times of past convictions; and (e) the defendant's age, family relation, economic situation, circumstances leading to the offense; and motive leading to the offense; and (e) the records and changes in the opinion of this case, the sentence of the lower court is deemed reasonable; and (e) there is no change in circumstances to be considered in the trial of the party's interest in the obstruction of the performance of official duties.

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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