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(영문) 창원지방법원 2018.01.11 2017노2855
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the judgment below is too heavy (in 10 months of imprisonment).

2. In full view of the aforementioned favorable sentencing grounds, including the following: (a) the Defendant’s confession and confession; (b) there is no record of criminal punishment in the Republic of Korea; (c) there is no record of criminal punishment; (d) the victim of a special injury is seriously bad in the quality of the crime by causing bodily injury, such as a concrete brick, etc.; (d) the period of staying in the Republic of Korea without obtaining the status of stay exceeds five years and seven months; (e) the victim of a special injury does not agree with the victim of the special injury; and (e) the extent of the Defendant’s participation in the special injury; and (e) the degree of the co-offender’s participation in the special injury; and (e) the amount of the punishment imposed by the accomplices of the above crime; (e) the Defendant’s age, family relationship; (e) the economic situation; (e) the background and motive leading up to the crime; and (e) other matters concerning the sentencing indicated

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.

However, in the application of the law of the lower judgment, “1. Aggravation of concurrent crimes” is added to “1. Aggravation of punishment: Reduction of amount of punishment: Articles 53 and 55(1)3 of the Criminal Act”, and is corrected ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure (see Supreme Court Decision 2013Do5074, Jun. 27, 2013).

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