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(영문) 창원지방법원 2018.05.24 2018노458
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Reasons for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment of the defendant is contrary to the recognition of the crime of this case, and the victim did not want the punishment against the defendant. However, even though the defendant had been punished several times due to violent crimes, the defendant committed the crime of this case under the influence of alcohol during the period of repeated crime, and the defendant took two times the head of the victim due to dangerous minor disease, and the nature of the crime is poor.

In addition, considering the various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, etc., the lower court’s punishment is too heavy, or is not unreasonable as it is frighten, and thus, it does not accept each of the unfair claims of sentencing by the Defendant and the Prosecutor.

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

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