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(영문) 창원지방법원 2017.12.21 2017노2555
폭행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that with respect to the punishment (3 million won) of the judgment of the court below as to the summary of the grounds for appeal, the defendant is too unfasible, and the prosecutor asserts that it is too unfasible and unfair.

2. The judgment is based on the following circumstances: (a) the defendant acknowledges and reflects his mistake; (b) there are some circumstances to consider the background leading to the instant crime; (c) the victim’s damage is not significant; (d) the crime is committed during the period of the suspension of the execution of the same kind of punishment; (c) the punishment for the same and different types of crimes, including imprisonment, has been imposed several times; and (d) the non-agreement with the victim is unfavorable.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

3. As such, the appeal 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. It is so decided as per Disposition.

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