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(영문) 창원지방법원 2018.08.08 2018노1055
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be six months);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court, under favorable circumstances where the Defendant led to the instant crime, and the victim did not want the Defendant’s punishment, determined a sentence by comprehensively taking into account the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., and comprehensively taking into account the fact that the Defendant committed the instant crime even though he/she was committed during the period of repeated crime due to the same kind of crime.

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

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

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