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(영문) 창원지방법원 2018.12.13 2018노1883
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. There are circumstances such as the fact that the Defendant recognized the instant crime and reflected the mistake.

However, it is also recognized that the Defendant had a history of criminal punishment twice due to the same kind of violent crime, in particular, there is a high possibility of criticism in terms of repeating and repeating the instant crime within the detention house without being aware of it during the convict life, the frequency and degree of assault, the number of assaults is not easy, the Defendant did not receive a letter from the injured party, and there is no special circumstance or change of circumstances that can be newly considered in sentencing after the sentence of the lower judgment.

In addition, the lower court’s punishment is too unreasonable even if comprehensively taking account of the following factors, such as the Defendant’s age, sex, environment, background of the crime, mode of the crime, and circumstances after the crime, etc., and all of the sentencing factors indicated in the previous theories.

Therefore, Defendant’s assertion is without merit.

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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