logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.08.14 2020노779
특수상해미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal (a two-year imprisonment) asserts that the Defendant is too uncompacted and unreasonable, and the prosecutor asserts that the lower court’s punishment is too uneased and unreasonable.

2. The judgment of the defendant committed the crime of this case during the period of the suspension of imprisonment for the same crime, the defendant prepared a knife with the victim in a planned manner, failed to agree with the victim, and there are several kinds of records of punishment for violent crimes including imprisonment and imprisonment.

On the other hand, there are favorable circumstances, such as the fact that the defendant commits the crime of this case against the defendant's wrong, that the victim was not injured by the attempted crime, that the sentence of the previous suspended execution (two years of suspended execution in June) can be invalidated if imprisonment with prison labor is finalized for the defendant, and that the family of the defendant is leading the defendant to the defendant.

In full view of these circumstances and all of the sentencing conditions expressed in the instant argument, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow