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(영문) 창원지방법원 2017.03.16 2016노2619
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime with mental disorder is committed in a state of mental or physical loss or mental weakness due to mental disorder, etc.

B. The punishment of the lower judgment that was unfair in sentencing (an amount of four million won) is too unreasonable.

2. Determination

A. In light of the content of the instant crime regarding the assertion of mental disorder, at the time of committing the crime, the Defendant had no or weak ability to discern things or make decisions due to the mental disorder, etc.

Therefore, the defendant's assertion is without merit.

B. We examine the judgment on the unfair argument of sentencing, there is room for considering the motive of the crime, the defendant's reflectiveness, the defendant's health condition is not good, but there is a record of being punished three times by violence, and the crime of this case was committed during the suspension period, considering the fact that the defendant committed the crime of this case during the suspension period, and considering other matters related to the defendant's age, sexual conduct, and other records and changes in the records of this case, the defendant's argument 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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